•C  /     f  Cr^ 


L^l 


THE  NEW  CHARTER 

OF 

BALTIMORE  CITY 

Enacted  by  the  Acts  of  1898,  Ch.  123 


With  all  amendments  and  additions  thereto  down  to  and  including  the  Acts 
of   1914;  and  with  an  Appendix  containing  the  Acts  establishing 
the  City's  boundaries,  the  General  Condemnation  Law  and 
the  Agreement  between  Baltimore  City  and  Balti- 
more County,  as  to  the  use  of  the  Out-Fdl 
Sewer  by  Baltimore  County,  and  with 
references  to.  and  annotations 
of,  decided  cases. 


»         o   ,   a  *a 


COMPILED   UNDER  THE  DIRECTION  OF 

S.   S.    FIELD,  CITY   SOLICITOR. 

BY 

HENRY   W.    WEEKS. 

FOR   FIFTEEN   YEARS  CLERK  OF  THE   LAW  DEPARTMENT 
OF  BALTIMORE,  CITY. 

MAR  '^  4  19^^ 


.< 


BALTIMOEE   CITY 

PBIXTING   AND   BINDING 

COMPANY. 


• . '   »  - '  t  V  t  ' 


.    •  •  •      ,'■•     '     c 
»  •  •  •  *'  <  • 


«     ,    •    t    «         «,•'.• 


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'<) 


V 


REPORT  OF  COMMISSION 


Baltimore,  January  27,  1898. 

To  the  Honorable  General  Assembly  of  Maryland: 

The  Commission  appointed  pursuant  to  the  ordinance  of  the 
Mayor  and  City  Council  of  Baltimore,  approved  iSTovember  24, 
1897,  to  draft  a  new  Charter  for  the  City  of  Baltimore,  here- 
with, as  directed  by  said  ordinance,  respectfully  submit  the 
result  of  their  labors. 

After  mature  deliberation  the  Commission  decided  at  the 
beginning  of  their  work  of  preparing  a  new  organic  Act  for 
the  City  of  Baltimore,  to  be  governed  by  certain  well-defined 
and  recognized  principles  relating  to  municipal  government, 
which  had  been  found  in  other  cities  to  be  beneficial  and  which 
it  was  thought  were  fundamental  and  necessary,  if  there  were 
(C  to  be  an  improvement  on  the  present  law  relating  to  the  City 
of  Baltimore.     Some  of  these  controlling  principles  were : 

1.     To  locate  responsibility  upon  public  ofiieials  in  such  a 

.         manner  that  it  could  not  be  evaded. 

^  O^  2.      To  give  representation  to  the  minority  party  in  all  dc- 

^j;^        partments,  when  composed  of  more  than  one  person,  so  that  an 

opportunity  might  be  given  to  the  minority  to  scrutinize  the 

actions  of  the  party  in  power. 

3.  To  hold  municipal  elections  at  a  dillerciit  time  from  the 
State  and  Federal  elections,  in  order  to  separate  municipal 
affairs  from  the  influence  of  the  political  issues  wliich  are  neces- 
sarily involved  in  State  and  Federal  elections. 

4.  To  require  the  appointment  of  experts  in  all  departments 
where  professional  knowledge  and  skill  are  required. 

5.  To  grant  the  use  of  the  streets  and  other  public  property 
for  limited  terms,  and  to  the  highest  bidder,  subject  to  the 
control  and  i-cgiilatioii  of  the  city  during  tlie  })eriod  of  the  grant. 

0.  To  check  hasty  legishxtion,  especially  in  matters  relating 
to  expenditure  of  tlie  jniblic  moneys,  and  to  prohibit  the  creation 
of  floating  debts. 

7.  To  remove  tlic  public  school  system  from  all  possible 
political  iiilhicnce. 

8.  To  pla«-e  the  indigent  sick  and  poor,  when  their  treat- 
ment, care  or  support  is  paid  for  by  the  city,  under  the  supervi- 
sion  ot'   city   officials. 

210357 


IV 

The  most  advanced  and  improved  forms  of  municipal  govern- 
ment, as  far  as  the  Commission  have  been  able  to  ascertain,  have 
had  incorporated  in  them  the  j)]acing  of  the  power  of  appoint- 
ment in  one  person.  It  might  well  be  urged  that  this  is  con- 
ferring too  much  power  upon  one  man,  that  the  appointing 
power  in  city  government  should  be  distributed ;  but  experience 
has  shown  that  by  centralizing  the  appointing  power  the  respon- 
sibilitv  for  ofHcial  conduct  can  at  once  be  delinitely  fixed.  The 
Charter  submitted  places  the  power  of  appointing  the  heads  of 
all  departments  and  their  respective  sub-departments  in  the 
Chief  Executive  of  the  city,  the  ]\Iayor,  where  it  properly  be- 
lo]igs.  The  Commission  have  not  taken  the  extreme  position 
of  making  the  Mayor  absolute  in  regard  to  this  pow-er  of  appoint- 
ment. His  appointments  must  be  confirmed  by  the  Second 
Branch  of  the  City  Council.  The  power  of  appointing  all 
subordinates  and  employees  in  the  several  departments  and  sub- 
departments  is  in  each  case  lodged  in  the  head  of  the  depart- 
ment. The  Commission  have  to  this  extent  endeavored  to  carry 
out  the  single-executive-head  system,  which  has  been  tried  in 
other  cities  with  good  results.  It  is  hoped  with  this  system, 
as  now  recommended,  the  Mayor  will  be  more  careful  in  ap- 
pointing heads  of  departments  or  sub-departments,  and  the 
various  heads  so  appointed  will  also  be  more  careful  in  selecting 
competent  subordinates. 

The  principle  of  representation  from  the  minority  party  in 
all  departments,  boards  or  commissions,  where  composed  of 
more  than  one  person,  is  carried  out  in  the  proposed  Charter. 
This  will  not  prevent  the  successful  party  at  the  municipal  elec- 
tion from  adopting  and  carrying  out  any  policy  or  reforms 
which,  in  its  judgment,  might  be  right  and  proper,  and  will 
in  no  way  interfere  with  the  administration  of  public  affairs 
by  the  successful  party ;  but  it  will  afi'ord  to  the  minority  at  all 
times  a  right  of  representation  in  the  city  government,  and  will 
give  it  an  opportunity  of  scrutinizing  the  actions  of  the  party 
in  power. 

The  feature  of  the  spring  elections  is  designed  for  the  distinct 
purpose  of  separating  the  municipal  elections  from  those  of  the 
State  and  Xation.  It  must  be  conceded  that  in  order  to  make 
a  good  Mayor  of  a  large  and  prosperous  business  centre  like  Bal- 
timore there  is  no  inherent  necessity  for  his  belief  in  one  rather 
than  another  of  the  principles  which  separate  the  leading  politi- 
cal parties.  The  State  and  National  questions  are  invariably 
discussed  and  made  issues  at  all  the  ]S[ovember  elections,  and 
it  is  difiicult  to  remove  from  the  influence  of  these  discussions 


municipal  ali'airs  when  the  elections  are  held  at  the  same  time. 
The  spring  elections,  it  is  hoped,  will  enable  the  citizens  of 
Baltimore  to  eliminate  everything  from  their  municipal  cam- 
paigns except  that  which  pertains  to  the  best  business  adminis- 
tration of  the  city,  and  will  present  to  the  voters  an  opportunity 
of  electing  such  of  the  nmnicipal  candidates  as  are  most  likely 
to  ensure  good  municipal  govermnent. 

The  provisions  of  the  Charter  placing  experts  at  the  head  of 
the  various  departments  and  sub-departments  where  profes- 
sional knowledge  is  recpiired,  are  expected  to  secure  to  the  city 
the  best  service  of  men  of  competent  knowledge  and  experience 
in  the  departments  placed  under  their  charge.  The  Commission 
have  adopted  the  following  general  provision  wherever  expert 
knowledge  is  required :  "He  must  have  had  at  least  five  years' 
experience  in,  the  active  practice  of  his  profession  and  have 
had  responsible  charge  of  work  for  at  least  that  length  of  time." 
Exjjerts  are  required  in  the  following  offices:  City  Engineer, 
Water  Engineer,  Harbor  Engineer,  Inspector  of  Buildings,  and 
Commissioner  of  Health.  ]t  was  deemed  advisable  for  tlie  best 
interests  of  the  city  to  put  the  entire  subject  of  public  improve- 
ments under  the  direct  control  and  supervision  of  a  lioard  of 
experts,  styled  the  Board  of  Public  Improvements.  On  this 
Board  the  Charter  submitted,  places  three  civil  engineers  and 
an  architect,  and  all  matters  are  referred  to  them  when  involv- 
ing questions  of  new  public  buildings,  additional  harbor  facili- 
ties, a  sewei-age  system,  extension  or  improvement  of  streets, 
the  erection  of  l)ri(]ges  and  other  similar  work. 

The  proposed  Charter  requires  that  the  grant  ol'  i'ranchises 
or  rights  in,  over  or  under  the  streets  or  in  othei-  ])ublic  property 
shall  be  made  fm-  (Hily  limited  periods  ( twenty-tive  years),  and 
also  provides  that  in  all  ordinances  granting  sucli  franchises  or 
rights  provision  can  be  made  for  the  reverting  to  tlic  city  at 
the  expiration  of  tli(>  grant,  of  the  plant  and  its  appurtenances, 
and  gives  power  to  the  city  to  operate  and  control  the  same,  if  it 
should  prove  desirable.  All  franchises  or  rights  in  the  liigiiways 
of  the  city  are  to  Ik^  sold  under  the  supervision  of  the  Board  of 
Estimates.  Under  no  circumstances  can  the  city  divest  itscit 
f  the  right  or  ])owci-  to  regnlate  tln^  ex(>rcise  of  the  fi-ancliisc 


o 


<ii"  right  granted 


The  Connnissioiicrs  haxc  also  endeavored  t(»  pi'otect  the  pnblu* 

interests  In  relation  to  the  linances  of  the  city  hy  the  provision 

ot'  the  proposed   Charter  in   regard  to  the   P)oard  of   Estimates. 

Ihls  Board  is  composed  of  the  highest  officials  of  the  city  govern- 

irif  nt,  that  is  to  sav.  the  Mavor,  who  is  tlie  chief  execntiv<'  officer 


VI 


of  the  city  Jiiid  elected  by  the  people ;  the  City  Solicitor,  who  is 
appointed  by  the  Mayor  and  is  the  head  of  the  Law  Department, 
and  who  will  always  be  a  prominent  member  of  the  bar;  the 
Comptroller,  who  is  also  elected  by  the  people  and  responsible 
to  them,  and  who  is  the  head  of  the  Finance  Department ;  the 
President  of  the  Second  Branch  of  the  City  Conncil,  a  represen- 
tative member  from  the  legislative  branch  of  the  city  govern- 
ment, and,  finally,  the  President  of  the  Board  of  Public  Im- 
provements, who  is  the  City  Engineer,  and  wall  be  an  expert  in 
engineering.  It  is  believed  that  by  this  strong  combination  of 
leading  city  officials,  representing  every  branch  of  the  municipal 
government,  the  financial  interests  of  the  city  will  be  carefully 
guarded  and  that  the  welfare  of  the  citizens  will  always  be  the 
controlling  motive  in  the  deliberations  and  actions  of  the  Board. 
The  duties  of  this  Board  are  comprehensive  in  their  nature 
and  include  the  general  control  of  the  financial  policy  of  the 
city.  In  the  preparation  of  the  lists  of  ''Departmental  Esti- 
mates," "Estimates  for  New  Improvements"  and  "Estimates 
for  Annual  Appropriations,"  called  for  by  the  proposed  Char- 
ter, the  entire  appropriations  of  public  funds  are  embraced. 
It  may,  therefore,  be  expected  that  the  composition  of  this  Board 
of  the  highest  municipal  officers  and  representatives  of  the  city 
government  will  furnish  a  guarantee  in  the  future  against  ex- 
travagance and  the  reckless  expenditure  of  public  moneys.  The 
provisions  of  the  Charter  submitted  relating  to  the  Board  of 
Estimates  are  sufficiently  comprehensive  to  furnish  to  the 
municipality  opportunities  for  a  safe  and  conseiwative  financial 
policy  and  to  prevent  the  public  debt  from  advancing  beyond  a 
safe  per  centum  of  the  taxable  basis.  Ample  provisions  are 
made  for  conducting  the  city  government,  and  no  floating  debt 
can  be  created.  The  Board  of  Estimates,  in  the  ordinance  they 
annually  submit,  providing  for  the  expenditures  by  the  city 
for  the  ensuing  year,  take  into  consideration  all  the  disburse- 
ments, and  if  the  income  is  insufficient  to  meet  these  expendi- 
tures there  must  be  a  pro  rata  reduction  in  all  departments.  If 
there  is  a  surplus  it  must  be  paid  over  to  the  Finance  Commis- 
sioners to  be  credited  to  the  general  sinking  fund.  By  this 
provision  it  is  hoped  that  the  sinking  fund  will  be  greatly  bene- 
fited. When  any  ordinance  for  public  improvements  exceeding 
in  cost  the  sum  of  $2,000  has  passed  its  first  reading  in  either 
Branch  of  the  City  Council  it  shall  be  referred  to  the  Board  of 
Public  Improvements  for  their  opinion  as  to  whether  or  not  the 
wants  of  the  city  require  the  improvement  mentioned  in  the 
ordinance  submitted,  and  when  this  Board  give  their  report 


vu 


on  this  ordinance  it  is  then  referred  to  the  Board  of  Estimates 
for  their  opinion  as  to  whether  or  not  there  is  or  will  be  sufficient 
money  in  hand  to  pay  for  the  contemplated  improvement.  Until 
both  of  these  Boards  report  upon  the  ordinance  it  cannot  become 
valid.  It  will  be  readily  seen  that  in  this  manner  hasty  legisla- 
tion will  be  checked,  and  it  is  probable  that  only  such  ordinances 
for  public  improvements  will  be  passed  for  which  there  is  suffi- 
cient cash  on  hand  to  pay  and  which  the  requirements  of  the 
city  demand.  By  these  provisions  it  is  believed  a  step  will  be 
taken  in  the  direction  of  a  regular  and  systematic  reduction 
of  the  enormous  debt  which  now  hangs  over  the  Citv  of  Balti- 
more  and  a  check  placed  upon  the  expenditure  of  its  money,  so 
as  to  keep  the  expenses  and  appropriations  of  the  city  govern- 
ment entirely  within  its  means. 

The  provisions  of  the  proposed  Charter  relating  to  the  public 
school  system  have  been  framed  after  careful  consideration  and 
research  respecting  the  systems  in  force  in  various  cities  of  im- 
portance. It  provides  for  the  appointment  of  the  School  Com- 
missioners, nine  in  number,  by  the  Mayor,  subject  to  confirma- 
tion by  the  Second  Branch,  for  a  term  of  six  years  each,  three  of 
them  to  retire  at  the  end  of  everv  two  vears.  It  is  submitted 
that  a  long  term,  together  with  the  other  provisions  which  have 
been  inserted,  will  cause  the  affairs  of  the  schools  of  Baltimore 
to  be  administered  by  competent  men,  independent  of  partisan 
and  ecclesiastical  ties.  The  endeavor  has  been  made  to  secure 
three  things :  First,  oversight  of  the  schools  by  a  Board  of  Com- 
raipsioners  so  selected  as  to  ensure  conservative  administration 
and  full  responsibility;  second,  attention  to  the  details  of  school 
management  by  a  body  of  qualified  superintendents,  and,  third, 
the  maintenance  of  popular  interest  in  the  public  schools  by 
means  of  a  large  number  of  local  school  visitors,  one  or  more  of 
them  from  the  immediate  neighborhood  of  each  school-house. 

The  Charter  submitted  gives  to  the  city  a  supervision  over 
all  persons  who  come  under  the  class  of  indigent  sick  and  poor. 
All  money  appropriated  by  the  city  for  the  care  of  its  poor 
shall  be  by  contract  with  the  various  institutions  which  care  and 
provide  for  the  poor  of  Baltimore.  No  money  is  to  be  appro- 
priated except  under  contract,  and  the  Supervisors  of  City 
Charities  are  to  have  supervision  over  all  persons  who  are  sub- 
jects of  municipal  aid. 

The  Legislative  Department  remains  substantially  as  at  pres- 
ent, except  that  the  Second  Branch  is  smaller,  and  that  one-half 
are  always  old  and  experienced  members.  The  legislative  func- 
tions of  the  City  Council  are  in  no  wise  impaired.    Not  ono  cent 


Vlll 


of  the  public  money  can  be  spent  until  the  City  Council,  by  ordi- 
nance, makes  an  appropriation. 

The  Commission  have  had  before  them  the  great  need  of 
increased  revenue  to  meet  the  constantly  growing  wants  of  the 
city.  To  this  question  the  members  of  the  Commission  have 
given  their  most  serious  thought.  Taxes  today  are  burdensome 
on  the  owners  of  land  and  houses,  and  to  meet  the  wants  of  the 
city  this  burden  must  be  largely  increased  unless  the  revenue 
of  the  city  can  be  increased  from  other  sources.  The  Connnis- 
sion  have  proposed  to  so  modify  the  law  as  to  give  to  the  city  all 
the  fees  collected  by  it  from  liquor  licenses.  A  Supplementary 
Act  accompanies  the  Charter,  providing  that  the  counties  shall 
retain  the  fees  collected  by  them  from  the  same  source.  The 
Commission  feel  that  they  would  not  be  performing  their  full 
duty  if  they  did  not  urge  upon  the  Legislature  the  necessity  for 
this  change  and  the  adoption  of  the  provisions  as  to  these  fees 
contained  in  the  proposed  Charter. 

Another  Supplementary  Act  provides  for  certain  limitations 
on  the  power  of  the  city  as  to  contracting  debts.  This  provision 
is  a  proper  one  and  should  be  adopted. 

The  Commission  believe  that  the  Charter  herewith  submitted 
will,  if  adopted,  remedy  many  of  the  faults  of  the  old  law,  and 
provide  such  a  law  as  will  materially  contribute  to  the  future 
development  and  prosperity  of  the  great  metropolis  of  Mary- 
land. 

William  Pi?s'kxe\'  Why'/e^  ('Jii(inn(i)i . 

Feedixand  C.  Latkobe, 

Daniel  C.  Gilman, 

Samuel  D.  Schmucker, 

Geoege  R.  Gaither,  Jr., 

Thomas  Irelakd  Ellk^tp, 

Thomas  G.  Hayes, 

Lewis   Putzel, 

Neiu  Charter  (JommisHion, 

Frederick  T.  Dorton,  Secretary. 


CONTENTS. 

I.   CHARTER. 

sections 

1.  Mayok  axd  City  Council  of  Baltimore 1-15 

(a)  Corporate  Name.  Power  to  Hold  rropcrty.  Annex.  1-5 

(b)  General    Powers 6-6B 

(c)  Franchises    7-13 

(d )  Contracts  with  the  City 14-15 

2.  Mayor    1(J  .iO 

3.  Executive   Department 31 

(a)     Department  of  Finance 3U 

1.  Comptroller    33-34 

2.  City  Register 35-35a 

3.  Board  of  Estimate!. 3(5-40 

4.  Commissioners  of  Finance 41 

5.  City   Collector 42-5SB 

6.  Collector  of  ^Yater  Rents  and  Licenses 59 

( h )     Department  of  Law UO 

City    Solicitor 61-07 

(c)     Department  of  Public  Safety ()8 

1.  Board  of  Fire  Commissioners (59-70 

2.  Commissioner  of  Health 71-78 

3.  Inspector  of  Buildings 79-82 

4.  Coniniissiciner  of  Street  Cleaning S3 

{d)      Deiiaitment  of  Public  Iniiirovenients 84-85 

1.  Highways  Engineer 86-86D 

2.  Water   Board 87-87A 

:',.     narl)()r    Board 8S 

4.     Inspector  of  Buildings .S9 

(e)  Department  of  Public  Paiks  and  Sijuares 90 

Board    of    Park    Commissioners 90-!<8b 

(/)      Department    of   Education 99 

P>oard  of  School  Commissioners 99-102S 

( y  I      1  »(|)artment  of  Charities  and  Corrections 103 

1.  SujK'ivisors  of  City  Charities 104-1 17 

2.  Visitors  to  the  Jail 118-144 

(/'I      Department   of  Review  and   Assessment 145 

1.  Ajipeal   Tax  Court MO-Hl 

2.  Commissioners  for  Opening  Streets 172-iyi)a 


X 

SECTIONS 

( i)     Division  Embraciug  Municipal  Officers  Not  Included 

in  Any  Department 196 

1.  City  Librarian 19(5-200 

2.  Commission  on  City  Plan 200A 

3.  Art  Commission 201-203 

4.  Superintendent  of  Lamps  and  Lighting 204 

5.  Surveyor    205 

G.     Constables    206 

7.     Superintendent  of  Public  Buildings 207 

S.     Public  Printer 208 

9.     Department  of  Legislative  Reference 208A-208C 

4.     Legislative   Department 209-222 


n.  MISCELLANEOUS  LOCAL  LAWS. 

1.  Advertisements    222a-208b 

2.  Arbitration — Court    of 223-225 

3.  Arbitration  Committee  of  the  Corn  and  Fi.our  Exchange  226-22S 

4.  Assault  and  Battery 229-231 

5.  Auctions  232-278 

6.  Bail    278a-278k 

7.  Bills  of  Exchange  and  Promissory  Notes 279-279c 

S.  Buildings    280-280a 

9.  Carriages,  Horses  and  Automobiles 281-293 

10.  Coroners,  Inquests  and  Dead  Bodies 294-299 

11.  Courts   300 

(a)  Superior  Court,  Court  of  Common  Pleas,  and  Bal- 
timore City  Court 300-322 

( & )  Circuit  Court  of  Baltimore  City 323-324 

(c)  Circuit  Court  No.  2  of  Baltimore  City 325-327 

(d)  Criminal  Court  of  Baltimore 328-351 

(e)  Orphans'  Court 352-353A 

(/)  Register  of  Wills 354-356 

(g)  Clerks  of  Law  Courts  of  Baltimore  City 357-366 

(h)  Clerk  of  the  Criminal  Court  of  Baltimore 367-368 

(i)  Clerk  of  the  Circuit  Court  of  Baltimore  City,  and 

of  the  Circuit  Court  No.  2  of  Baltimore  City...  369 

{))     Salaries  of  Clerks  of  Courts 370-371 

(fc)     Criers,  Bailiffs,  Watchmen  and  Stenographers...  372-382 

H)      Sheriff 383-386 

(m)    Witnesses,  Docket  Entries  and  Records 387-388 

(n)     Costs 389 


SECTIONS 

V2.  Deaf,  Dumb  axd  Blind 395-400 

13.  Destroying  Property  Maliciously 401 

14.  Examining    Engineers 426-430 

15.  Perries    431-437 

IG.  Fines   and   Forkeituues 438-444 

17.     Fire    455 

(a)  Fire  Department 445-448a 

(b)  Oil  and  Illuminating  Fluids 449-456 

IS.     Fish  457 

19.  Gas  Companies 458-462c 

20.  Harbor,    Docks   and   Wharves 463 

(a)  Harbor    463-466 

(&)  Docks   467-469 

(c)  Wharfinger  and  Wharves 470-479 

{d)  Harbor    Board 480-485 

21.  HEAJ.TH    486 

(a)  Nuisances    486-492 

(b)  Athletic  Fields,  etc 492a 

(c)  Chemical    Laboratories 493 

id)  Children's  Playgrounds 493a-493c 

(e)  Hospitals  for  Infectious  Diseases 493d-493g 

(/)  Infants  in  Improper  Homes  or  Care 493h-4931 

ig)  Seats  for  Female  Employes  in  Stores  or  Factories.  505-506 

(h)  Tenement  and  Lodging  Houses 507-508 

(t)  State  Board  of  Commissioners  of  Practical  Plumb- 
ing     509-515 

22.  Horseshoeing    515a 

(a)     Board  of  Examiners  of  Horseshoers 515b-515f 

23.  Hours    of    Labor 516-516c 

24.  Houses  of  Refuge  and  Reformation 517-518 

25.  l.M  .MIGRANTS    519-531 

26.  Inspections,  Weights  and  Measi-res 532 

(a)  Barrels    532-584 

(?>)  Coal   535-540 

(c)  Gas  Meters 541-543 

(d)  Gangers  of  Casks  and  Liquors 544-551 

(e)  Hay  and   Straw 552-570 

(/)  Manure    571 

(g)  Stoani  Boilers 572-589 

(//)  Wood   Carts 590-599 

27.  .Jo.NKs"    Palls    600-601 


Xll 

SECTIONS 

28.  JuKOKS    602-620 

(« )     Pay  of  Jurors 621 

(b)  Volunteer  Militia  Exempt  from  Jury  Duty 6'22 

29.  Justices  of  the  Peace  axd  Constables 623-649 

30.  Landlord  and  Tenant 650-656* 

31.  Larceny   656a-656c 

32.  Legislative    Districts 656d-657 

33.  Boundaries  of   Legislative   Districts 657A 

34.  Councilmanic    Districts 657B 

35.  Licenses    658 

(a)  Billiards    65S-660d 

(&)  Horse  Dealers 661-663 

(c)  Installation  of  Electrical  Apparatus  and  Wiring.  663a-663q 
■     (d)  Liquors  and  Intoxicating  Drinks 664-691 

(e)  Moving  Picture  Machine  Operators 691a-691i 

(/)  Pavpnbrokers    692-693 

ig)  Merchandise  Brokers 694 

(h)  Real  Estate  Brokers 695-700 

(i)  Stevedores    700a 

(./)  Duty  of  Sheriff  and  Clerk  of  Court 701-702 

36.  Mariners    and    CHARrrABLE    Marine    Society    of    Balti- 

more      703 

37.  Markets    704-719 

38.  Mortgages    720-732A 

39.  Municipal   Liens 732A 

40.  Notaries   Public 733-734 

41.  Oysters   735 

42.  Parks  and   Squares 736-739a 

43.  Park  Improvement  Loan 739b-739f 

44.  Police  Commissioners 740 

(a)  Organization  of  Force 740-764 

(b)  Matrons  at  Station  Houses 765-768A 

(c)  Militia    769 

(d)  Patrol  Wagons 770 

(e)  Physicians  to  the  Police  Force 771-773C 

(/)  Races 774 

(g)     Registration  of  Voters 775 

( /( )      Special    Fund 776-780 

(i)      Long  Bridge 781 

(j)      Telegrapli  to  House  of  Correction 782 

(k)     Thiexes  and  Pickpockets 783-784 


Xlll 

SECTIONS 

(7)      Personating'  I'olieemeu 785 

(w)    New  Station  Houses 7S6-7SS 

45.  I'KATT  Free  Library 789-790 

46.  Railroads    791 

(« )  Safety  Gates 791-70;i 

{b)  Hours  of  Labor 793-705 

(c)  Street  Railway  Fares 79(5 

(d)  I'ark  Tax 797-S0<) 

(e)  Railway  Easements  in  Annex 800a-800b 

(/)  Railway  Area  Paving 800c-800d 

(g)  Prohibiting  Tracks  on  Certain  Streets 801-801d 

47.  Records   802-805 

48.  Sabbath    806-807 

49.  Schools  80S 

(a)     Intestates'  r:states 808-813 

(ft)     Johns  Hopkins  University 814-815 

(c)     McDonogh  Educational  Fund  and  Institute 816 

50.  Tkxt  Book  Upon  Civil  Government 816a 

51.  Sewers    817-824 

52.  New  SEWKKAcrn  System S24a-824n 

53.  Sheriff's   Fees 825 

54.  Stocks,  Loans  and  Finance 826 

55.  Civic  Centre  and   Parks 826a-826f 

56.  Contagious    Diseases    Hospitai 826g 

57.  Electrical    Commission 826h-826i 

58.  Harbor,  Docks  and  Wharves 826j-826o 

59.  Jones  Falls   Imi'Hovkmknt — Fallsway 826p-826t 

60.  Municipal    Lighting    Plant 826u 

61 .  PoLic  E    Station    Houses 826v 

62.  Schools     826w 

63.  Sinking  Fund   Bonds 826x-826y 

64.  Water  Sm-iv  I.mi'Rovk.mi.ni 826z-826oo 

65.  Strep:ts,  Bridges  and  Hlghwavs N27 

(a)      OiK'iiint,'   Streets 827-833 

(h)      .\(.itli   Avenue 838 

(c)      Bridges  and  ni>,'hways 839-841 

66.  GitAiics  oi    Strii.is 833a-837a 

67.  Yoi:i<    RoAK 838a 

68.  .New   Boundaic^    Avenue 838b 


XIV 

SECTIONS 

69.  Annex  Improvement  Loan  and  Commission 841a-841t 

70.  Paving  Commission,  etc 841u-S41dd 

71.  Street  Dirt,  Sweepings  and  Garbage 841ee 

72.  Special  Paving  Tax 841fE-841ii 

73.  Surveyor    842 

74.  Taxes  843 

75.  Tenants  for  Years  or  Less,  or  at  Will 844-864 

76.  Vagrants,  Paupers,  Beggars,  Vagabonds  and  Disorderly 

Persons  865-880 

77.  Vagrant  Children 881-884 

(o)  Boys'  Home 885 

(b)  St.  Martha's  Episcopal  House 885a 

(c)  Dolan  Children's  Aid  Society,  etc 886 

((f)  Hebrew  Orphan  Asylum 889 

(c)  Home  of  the  Friendless 890-894 

(/)  Protestant  Infant  Asylum 895 

(g)     Probation    Officers 886A-886F 

78.  Waitresses  in  Places  of  Public  Amusement 900-901 

79.  Water    902-906 

{a)     Lake  Roland,  Reservoirs  aad  Dams 902-906 


ACT  OF  1898, 

CHAPTER  123. 

AN  ACT  TO  Repeal  Article  4,  entitled  "City  of  Balti- 

MOKE,"  OF  THE  CoDE  OF  PuBLIC  LoCAL  LaWS  OF  MARY- 
LAND, AND  THE  Several  Acts  and  Parts  of  Acts 
Amendatory  Thereof,  and  to  Re-Enact  said  Article 
4,  with  Amendments,  Under  Two  Sub-Titles,  to  be 
Known  as  "Charter"  and  "Miscellaneous  Local 
Laws." 

Section  1.  Be  it  enacted  hy  the  General  Assembly  of  Mary- 
land, That  Article  4,  entitled  "Citv  of  Baltimore,"  of  the  Code 
of  Public  Local  Laws  of  Maryland,  and  the  several  Acts  and 
parts  of  Acts  amendatory  thereof,  be  and  the  same  are  hereby 
repealed,  and  the  said  Article  4  is  hereby  re-enacted,  with 
amendments,  under  two  sub-titles  to  be  known  as  "Charter" 
and  "Miscellaneous  Local  Laws,"  so  as  to  read  as  follows : 

ARTICLE  IV. 

CITY  OF  BALTIMORE 

CHARTER 


MAYOR   AND   CITY   COUNCIL   OF   BALTIMORE. 

Corporate  Name,  Power  to  Hold  Property,  Annex. 
P.  L.  L.,  (1860)  Art.  4,  sec.  1.    P.  L.  L.,  (1888)  Art.  4,  sec.  1. 

1.  The  inliabitants  of  the  City  of  Baltimore  are  a  corpora- 
tion, by  the  name  of  the  "Mayor  and  City  Council  of  Balti- 
more," and  by  that  name  shall  have  perpetual  succession,  may^ 
sue  and  be  sued,  may  purchase  and  hold  real,  personal  and 
mixed  property  and  dispose  of  the  same  for  the  benefit  of  said 
city,  as  herein  provided,  and  may  have  and  use  a  common  seal, 
which  may  be  altered  at  pleasure. 

Mayor  &  C.  C.  of  P.alto.  v.  State,  15  Md.  376.  State  v.  Graves.  10  Md. 
351.  Horn  v.  Mayor  &  C.  C.  of  Balto.,  30  Md.  21S.  Pimipluey  v. 
Mayor,  &c.,  of  Balto.,  47  Md.  145.  Ireton  v.  Mayor,  &c.,  of  Balto.,  61 
Md.  432.  DuRan  v.  Mayor,  &c.,  of  Balto.,  70  Md.  1.  Balto.  City  v. 
Merryman,  86  Md.  591.  Balto.  City  v.  Gorter,  93  Md.  6.  Davidson  v. 
Balto.  City,  96  Md.  511.     Balto.  City  v.  Beck,  96  Md.  190. 

As  to  powers  of  the  municipal  corporation  generally,  see  M.  &  C. 
C.  of  Balto,  V.  Howard,  20  Md.  335.  Mayor,  &c.,  of  Balto.  v.  Poultney, 
25  Md.  107.  Mayor,  &c.,  of  Balto.  v.  Groshon,  30  Md.  436.  Hagerstown 
V.  Seliner,  .'57  Md.  ISO.  (JrcfT  v.  Mayor,  44  Md.  67.  Mayor,  &('.,  of  Balto. 
V.  Reitz,  50  Md.  574.    Ileiykell  v.  Mayor,  65  Md.  148.     Stati;  v.  Rowe,  72 


Md.  548.     Lake  Rol.  Elv.  R.  R.  Co.  v.  Balto.,  77  Md.  352.     Revell  v. 
Annapolis,  81  Md.  1.     M.  &  C.  C.  of  Balto.  v.  Keeley  Inst.,  81  Md.  106. 
Mealey  v.  Hagerstown,  92  Md.  741.    Packard  v.  Hayes,  94  Md.  233.    Mur- 
doch V.  Strange,  99  Md.  104.     Cambridge  v.  Water  Co.,  99  Md.  502. 
-See  note  to  sec.  1,  Art.  1  (Statutes)  City  Code  (1879). 
City  may  be  sued  in  the  County  for  trespass  to  real  estate. 

Baltimore  v.  Turnpike  Company,  104  Md.  351. 
Southern  boundary  of  city  extends  to  limit  of  any  pier  built  from  city 
side  into  river. 

West.  Md.  Co.  V.  City,  106  Md.  561. 
But  jurisdiction  does  not  extend  over  floating  piers  or  vessels,  moored 
to  shore. 

Treuth  v.   State,  120  Md.  257. 
In  transitory  actions  city  must  be  sued  in  its  own  Courts. 
Phillips  v.  M.  &  C.  C,  110  Md.  431. 

P.  L.  L.,  (1860)  Art.  4,  sec.  2.    P.  L.  L.,  (1888)  Art.  4,  sec.  1. 

1888,   ch.    111. 

2.  All  the  property  and  franchises  of  every  kind  belonging 
to,  or  in  possession  of  the  Mayor  and  City  Council  of  Balti- 
more are  vested  in  said  corporation.  The  said  corporation  may 
receive  in  trust,  and  may  control  for  the  purposes  of  such  trust 
all  moneys  and  assets  which  may  have  been  or  shall  be  bestowed 
upon  it  by  will,  deed  or  any  other  form  of  gift  or  conveyance  in 
trust  for  any  general  corporate  purpose,  or  in  aid  of  the 
indigent  poor,  or  for  the  general  purposes  of  education  or  for 
charitable  purposes  of  any  description  within  the  said  city, 
and  the  said  corporation  may'  dispose  of,  in  the  manner  and 
upon  the  terms  in  this  Article  provided,  any  property  belong- 
ing to  it. 

Itlxrs.  of  McDonough  v.  Murdoch,  15  Howard  413.  Darlington  v. 
Mayor  &  C.  C.  of  Balto.,  51  Md.  1.  Gregg  v.  Mayor  &  C.  C.  of  Balto., 
56  Md.  256.  Barnum  v.  Mayor  &  C.  C.  of  Balto..  62  Md.  275.  David- 
son V.  Balto.  City,  96  Md.  511.  Cf.,  Johnson  v.  Frisbie,  29  Md.  76.  Kil- 
patrick  v.  Mayor,  81  Md.  179. 

The  legislature  possesses  wide  powers  of  control  and  legislation  over 
the  City  of  Baltimore,  but  its  power  is  not  absolute  and  unlimited. 

Thrift  v.  Laird,  125  Md.  55. 

P.  L.  L.,    (1888   )Art.  4,  sec.  4.     1888,  ch.  98. 

3.  All  the  provisions  of  the  Constitution  of  the  State  and 
of  this  Article  shall  be  applicable  to  the  portions  of  Baltimore 
County,  which,  under  the  terms  and  provisions  of  the  Act  of 
1888,  Chapter  98,  have  been  annexed  to  the  City  of  Baltimore. 
All  streets,  avenues  or  alleys  lying  in  any  portion  of  Baltimore 
County,  which,  under  the  provisions  of  said  Act  of  1888, 
Cliapter  98,  became  a  part  of  Baltimore  City,  and  which  shall 
have  been  legally  condemned  as  streets  under  the  provisions 


3 

of  the  Acts  of  Assembly  of  Maryland  relating  to  streets  in 
Baltimore  County,  shall  be  held  to  be  validly  constituted  streets 
of  Baltimore  City  in  all  respects  as  if  the  same  had  been  legally 
condemned  as  such  by  the  Mayor  and  City  Council  of  Balti- 
more ;  and  all  proceedings  for  the  laying  off,  opening,  grading 
and  construction  of  streets,  avenues  or  alleys,  which  shall  hsLve 
been  begun  under  Article  3,  of  the  Public  Local  Laws,  title 
"Baltimore  County,"  sub-title  ''Streets,"  shall  be  proceeded 
with  and  completed  under  said  Article  and  sub-title. 

Daly  V.  Morgan,  69  Md.  460.  Chilton  v.  Brooks,  71  Md.  452.  Mur- 
giondo  V.  Hoover,  72  Md.  12. 

As  to  effect  of  Annexation  Act  on  rights  of  turnpike  companies  In 
bed  of  streets  in  annexed  territory  and  powers  of  the  Mayor  and  Citj 
Council  of  Baltimore  in  relation  to  streets  occupied  by  such  companies, 
see, 

Baltimore  &  Jerusalem  Turnpike  Co.  v.  Mayor  &  C.  C.  of  Balto.,  Daily 
Record,  April  24,  1890.  Roberts  v.  Loyola  Perm.  Bldg.  Asso.,  74  Md.  1. 
Murphy  v.  McEney.  77  Md.  SO.  Mayor  &  C.  C.  of  Balto.  v.  Turnpike 
Co.,  80  Md.  541.  Ulmau  v.  Charles  St.  Ave.  Co.,  83  Md.  138.  Park 
Tax  Case,  84  Md.  1.  Baltimore  City  v.  Broumel,  86  Md.  155.  U.  Rys. 
Co.  V.  Hayes,  92  Md.  490.  Upshur  v.  Baltimore,  94  Md.  754.  Balta 
City  V.  Balto.  Co.  Water  &  Elec.  Co.,  95  Md.  241. 

1908,  ch.  286.  1888,  eh.  98.  P.  L.  L.  (1888)  Art.  4,  sec.  5. 
4.  All  personal  property  situated  or  held  in  the  territory 
annexed  to  Baltimore  City  by  the  Act  of  1888,  Chapter  98^ 
shall  be  subject  to  levy,  taxation  and  assessment  in  the  same 
manner  and  form,  and  at  the  same  rate  of  taxation  as  property 
of  similar  character  or  description  within  the  old  limits  of  said 
city  may  be  subject.  It  shall  be  the  duty  of  the  Appeal  Tax 
Court  of  said  city,  as  soon  as  possible  after  this  section  of  this 
article  takes  effect,  to  divide  all  the  real  and  leasehold  property 
in  said  territory  into  three  separate  classes,  to  be  known  as 
urban,  suburban  and  rural  property,  for  the  purposes  of  city 
taxation  for  the  year  1909,  and  to  revise  said  classification 
annually  thereafter  for  city  taxation  on  or  before  October  1st 
of  each  and  every  year  for  succeeding  years  in  accordance  with 
the  following  classification,  said  three  classes  to  be  defined  and 
subject  to  city  taxation  as  follows:  (1)  All  real  and  lease- 
hold property  in  said  territory  which  is  now  legally  liable;  to 
full  city  taxation,  and  all  real  and  leasehold  property  situated 
in  said  annexed  territory,  located  in  a  block  of  ground  not 
exceeding  200,000  superficial  square  feet,  formed  and  houndc*! 
on  all  sides  by  inters(;('ting  streets,  avenues  or  alleys,  opened, 
graded,  curbed  and  otherwise  improved  froTU  curb  to  curb  by 
pavement,  macadam,  gravel  or  other  substantial  material,  sliall 
be  cla.ssified  as  urban  property,  and  shall  be  subject  to  the  same 


rate  of  city,  taxation  as  real  and  leasehold  property  within  the 
old  limits  of  said  city  may  be  subject.  (2)  Every  lot,  or  piece 
of  real  and  leasehold  property  to  a  depth  not  exceeding  200 
feet,  situate  in  said  territory,  which  fronts,  binds  or  abuts  on 
any  public  street,  avenue  or  highway,  lighted  at  public  expense, 
and  completely  paved  from  curb  line  to  curb  line,  including 
gutters,  with  bitulithic,  asphalt,  asphalt  blocks,  belgian  blocks, 
vitrified  bricks,  macadam  in  good  condition  as  heretofore  laid 
before  this  section  of  this  article  took  effect,  or  if  laid  subse- 
quent thereto,  laid  without  direct  assessment  for  the  cost  thereof, 
in  whole  or  in  part,  upon  the  abutting  property  owners,  unless 
the  owners  of  a  majority  of  front  feet  of  property  binding  upon 
said  street,  avenue  or  highway,  or  the  part  thereof  to  be  paved, 
expressly  assent  to  said  direct  assessment,  and  laid  in  accordance 
with  existing  standards  of  proper  macadam  construction  as 
laid  under  the  supervision  of  the  City  Engineer,  or  other 
improved  pavement  (or  with  cobblestones  laid  before  this  sec- 
tion of  this  article  took  effect,  or  laid  subsequent  thereto  upon 
the  assent  of  the  owners  of  the  majority  of  the  front  feet  of 
property  binding  upon  said  street,  avenue  or  highway,  or  the 
part  thereof  to  be  paved),  as  distinguished  from  earth  or  gravel, 
which  streets,  avenues  or  highways  are  continuously  connected 
by  public  or  private  streets,  roads,  avenues  or  highways  (other 
than  turnpikes  upon  which  tolls  are  charged  within  the  limits 
of  said  city)  paved  from  curb  line  to  curb  line,  including  gut- 
ters, with  bitulithic,  asphalt,  asphalt  blocks,  belgian  blocks, 
vitrified  bricks,  macadam  or  other  improved  pavement  or  cobble 
stones,  as  distinguished  from  earth  or  gravel,  with  the  territory 
embraced  within  the  old  city  limits,  shall  be  classified  as  subur- 
ban property,  and  shall  be  subject,  for  the  purposes  of  city 
taxation  to  a  rate  equal  to  two-thirds  of  the  rate  to  which  urban 
property  may  be  liable,  but  in  no  year  shall  the  rate  for  subur- 
ban property  exceed  that  of  one  dollar  and  thirty  cents  f  $1.?>0) 
on  the  one  hundred  dollars  ($100)  of  the  assessed  value  of  such 
suburban  property.  (3)  All  real  and  leasehold  property  in 
said  annexed  territory  which  does  not  come  under  either  the 
classification  of  urban  or  suburban  property,  as  hereinbefore 
defined,  shall  be  classified  as  rural  property,  and  shall  be  sub- 
ject, for  the  purposes  of  city  taxation,  to  a  rate  equal  to  one- 
third  of  the  rate  to  which  urban  property  may  be  liable,  but  in 
no  year  shall  said  rate  be  less  than  the  rate  of  sixty-five  cents 
on  the  one  hundred  dollars  ($100)  of  the  assessed  value  of 
such  rural  property;  provided,  that  all  taxes  levied  or  assessed 
in  said  annexed  territorv  prior  to  the  lew  and  assessment  to 


be  made  for  the  year  1909  shall  be  subject  to  the  provisions  of 
the  Act  of  the  General  Assembly  of  Maryland,  Chapter  I.'IO, 
Acts  1902,  and  all  other  laws  in  force  relating  to  the  levying 
and  assessment  of  taxes  in  said  annex  prior  to  the  passage  of 
this  Act.  All  the  easements  and  rights  of  way  of  railroads  and 
the  tracks  or  other  structures  erected  thereon,  and  all  easements 
or  other  property  located  in,  on,  under  or  over  the  streets,  roads, 
avenues,  alleys,  highways,  or  ways  in  said  annexed  territory, 
shall  be  and  hereafter  remain  subject  to  taxation  as  now  or 
hereafter  provided  by  law. 

Daly  V.  Morgan,  69  Md.  460.  Sindall  v.  Mayor  &  C.  C.  of  Balto.,  93 
Md.  526.  U.  Rys.  &  Elec.  Co.  v.  Balto.  City,  93  Md.  630.  Balto.  Belt 
R.  R.  Co.  V.  Baltimore,  93  Md.  638.  Goebel's  Case,  93  Md.  749.  Kuenzel's 
Case,  93  Md.  750.  Gittings  v.  Baltimore,  95  Md.  420.  Baltimore  City  v. 
Poole,  97  Md.  71,  72.  Joesting  v.  Balto.  City,  97  Md.  590.  0/.,  Groif  v. 
Mayor,  44  Md.  67.  Baltimore  v.  Rosenthal,  102  Md.  298.  United  Rail- 
ways, etc.  Co.  V.  Baltimore  City  93  Md.  630.  Joesting  v.  Baltimore  City, 
97  Md.  591.  Storck  v.  Baltimore  City,  101  Md.  476.  M.  &  C.  C.  of  Balto. 
V.  Rosenthal,  102  Md.  298.    Hiss  v.  M.  &  C.  C.  of  Balto..  103  Md.  621. 

For  classification  at  full  rate  streets  must  be  public.     Rubblestone 
gutters  are  sufficient  curbing  within  the  meaning  of  the  Act. 
Smith  V.  Baltimore,  120  Md.  143. 

Passes  upon  size  of  block  in  Annex,  and  condition  of  the  paving,  to 
bring  block  under  full  city  rate  of  taxation. 

M.  &  C.  C.  V.  Harris,  113  Md.  227. 

Defines  a  block  for  taxation  in  the  Annex. 

M.  &  C.  C.  V.  Knell,  111  Md.  583. 

4A.     Kepealed  by  Act  of  1908,  Chapter  286. 

p.  L.  L.,  (1888)  Art.  4,  sec.  0.    18S8,  ch.  98.    1890,  ch.  468. 

5.  The  annexation  to  the  City  of  Baltimore  of  the  territory 
described  in  the  Act  of  1888,  Chapter  98,  shall  not  aifect  the 
right  of  any  turnpike  or  toll-road  company  heretofore  char- 
tered by  this  State  from  collecting  tolls  upon  such  parts  of 
their  said  roads  as  lie  within  .said  territory,  nor  shall  any  provi- 
sion in  the  charter  of  said  companies  which  prohibits  the  erec- 
tion of  a  toll  gate  within  one  mile  of  Baltimore  City,  operate  to 
require  the  removal  of  any  toll-gates  now  located  within  said 
territory.  But  the  Mayor  and  City  Council  of  Baltimore  shall 
have  the  power  to  purchase  or  condemn  from  said  coni])anios 
such  portions  of  their  several  turnpike  roads  as  lio  with  in  the 
city,  or  to  arrange  with  the  said  companies  for  tlic  iciuoval  of 
their  turnpike  gates  beyond  the  city  limits,  and  to  appropriate 
such  sums  of  money  as  may  be  necessary  to  carry  ont  these 

objects. 

M.  &  C.  C.  of  BiiUimoro  v.  Turnpike  Co.,  80  Md.  541.  Ilhnan  v. 
Charles  St.  Ave.  Co.,  83  Md.  138. 


6 

ge:n^eral  powers. 

6.     The  Mayor  and  City  Council  of  Baltimore  shall  have 

full  power  and  authority: 

Baltimore  City  v.  Gorter,  93  Md.  1. 
The  legislature  possesses  wide  powers  of  control  and  legislation  over 
the  City  of  Baltimore,  but  its  power  is  not  absolute  and  unlimited. 

Thrift   V.    Laird,   125   Md.  55. 

(1)  BUILDINGS. 

P.  L.  L.,   (ISOO)  Art.  4,  sees.  29,  S23,  8G4,  943.     P.  L.  L.,   (1888)   Art.  4, 

sees.  121-124.  1892,  eh.  10.  1904,  ch.  616.  1906, 

ch.  797.  1910,  ch.  704. 

To  direct  in  what  part  of  Baltimore  City  buildings  of  wood 
shall  not  be  erected ;  to  regulate  and  establish  the  size  of  bricks 
that  are  to  be  used  in  the  houses  to  be  built  in  the  City  of 
Baltimore ;  to  provide  for  the  entry  into  and  examination  of  all 
dwellings,  lots,  yards,  inclosures  and  buildings,  cars,  boats  and 
vehicles  of  every  description;  to  ascertain  their  condition  for 
health,  cleanliness  and  safety;  to  regulate  the  building  and 
maintenance  of  party  walls,  partition  fences,  parapet  and  lire 
w^alls,  smoke  flues,  fire  places,  hot-air  flues,  boilers,  kettles, 
smokestacks  and  stovepipes.  To  provide  for  and  regulate  the 
safe  construction,  inspection  and  repairs  of  all  private  and 
public  buildings  within  the  city;  and  to  compel  the  consump- 
tion of  smoke  and  make  such  regulations  as  may  be  deemed 
necessary  to  prevent  the  same  from  becoming  deleterious  or 
offensive  to  health.  To  take  down  and  remove,  or  make  safe 
and  secure,  any  and  all  buildings,  walls,  structures  or  super- 
structures, at  the  expense  of  the  o^vners  thereof,  that  are  or 
may  become  dangerous,  or  to  require  their  owners  or  agents  to 
take  dovni  and  remove  them,  or  put  them  in  a  safe  and  sound 
condition  at  their  o\\ai  expense ;  to  make  any  and  all  costs  and 
expenses  incurred  in,  about  the  taking  down  and  removal,  of 
making  safe  and  secure  of  all  buildings,  walls,  structures  or 
superstructures,  as  aforesaid,  a  lien  upon  the  interests  of  the 
owners  in  the  land  or  improvements,  or  both,  and  to  provide 
for  the  enforcement  of  such  liens  by  sale  of  the  property, 
whether  real  or  personal ;  to  regulate,  restrain  or  prohibit  the 
erection  of  wooden  or  frame  buildings  within  the  present  limits 
of  the  city,  and  to  remove  the  same  at  tlie  o^vner's  expense  when 
erected  or  suffered  to  remain  contrary  to  law  or  ordinance ;  to 
regulate  the  height,  construction  and  inspection  of  all  new 
buildings  hereafter  erected  in  said  city ;  and  the  alteration  and 
repairs  of  any  buildings  already  erected,  or  hereafter  to  be 
erected  in  said  city ;  and  the  ordinance  regulating  the  construe- 


tion  and  inspection  of  buildings  in  said  city  passed  by  the  City 
Council  and  approved  by  the  Mayor  October  23,  1891,  is  hereby 
authorized  and  legalized  in  the  same  manner  as  if  full  authority 
had  been  given  by  the  General  Assembly  for  the  passage  of 
the  same  prior  to  its  enactment ;  to  regulate  the  limits  within 
which  it  shall  be  lawful  to  erect  any  steps,  porticos,  bay  win- 
dows, bow  windows,  show  windows,  awnings,  signs,  columns, 
piers  or  other  projections  or  structural  ornaments  of  any  charac- 
ter for  the  houses  fronting  on  any  of  the  streets,  lanes  or  alleys  of 
said  city ;  provided,  however,  that  within  that  part  of  Baltimore 
City  actually  consumed  by  the  great  fire  of  February  7  and  8, 
1904,  it  shall  be  unlawful  to  erect  upon  the  streets,  lanes  and 
alleys  of  the  city,  between  the  grade  of  the  sidewalks  and  a 
point  ten  feet  above  such  grade,  any  such  awning,  step,  portico, 
bay  window,  bow  window,  show  window,  sign,  except  signs 
placed  against  buildings  and  not  extending  more  than  two  inches 
therefrom,  column,  pier  or  other  projection  or  structural  orna- 
ment of  any  character,  except  the  stone  bases  of  pilasters  for 
ornamental  and  architectural  effect,  not  exceeding  more  than 
eight  inches  from  the  building  line. 

Mayor  v.  Radecke.  49  Md.  217.  Garrett  v.  Janes.  65  Md.  260.  Town- 
send.  Grace  &  Co.  V.  Epstein,  93  Md.  537.  Bostock  v.  Sams,  95  Md.  400. 
Storck  V.  Mayor,  etc.  Baltimore,  101  Md.  476. 

In  the  Storck  case,  above  cited,  the  Act  of  1904,  ch.  616,  was  declared 
inoperative  as  to  that  part  of  the  city  outside  of  the  "Burnt  District." 
The  first  proviso  in  section  6  of  the  City  Charter,  title  "General  Powers," 
sub-title  "Buildings,"  as  re-enacted  by  said  Act,  was  declared  void  for 
luicertainty,  and  the  second  proviso  thereof  void  as  beins  arbitrary 
and  unreasonable.  The  object  of  the  Act  1906,  ch.  797,  was  to  modify 
the  paragraph  relating  to  buildings  so  as  to  conform  lo  the  decision  of 
the  Court  of  Appeals  in  the  Storck  case. 

For  furthei-  cases  relating  to  building  matters,  covered  by  the  para- 
graph of  section  6  in  relation  to  buildings,  see, — 

Barry  v.  Edlavitch,  49  Md.  217.  Dorsey  v.  ITabersack.  .S4  Md.  117. 
Serio  v.  Murphy,  99  Md.  545. 

(2)         CARKTAGES. 

p.  L.  L.,   (1S60)   Art.  4.  sees.  13S,  1.39,  86.3.     ISSO,  ch.  69.     P.  T>.  L., 
(ISSS)    Art.   4.   sees.   1.32-1.34. 

To  license  and  regulate  all  carriages  and  other  vehicles  owned 
or  used  for  the  pui'pose  of  business  or  pleasure,  and  also  all 
hackney  coaches,  carriages,  carts,  drays,  omnibuses,  wagons  and 
other  vehicles,  kept  for  liiie  or  hired  in  said  city,  and  also  to 
license  and  regulate  the  (■iiij)loyment  of  all  hackmen,  draymen, 
wagoners,  carters,  porters  and  wat(!rmen,  plying  for  hire  within 
the  limits,  and  to  pass  all  necessary  and  projx'r  regnlations  re- 
specting the  same;  provided,  however,  llial  all  revenue  arising 


8 

from  said  licenses  shall  be  applied  to  the  paving  or  repaying  of 
the  public  highways  of  the  city.  Every  carriage,  coach  or  other 
vehicle  moved  by  horses  or  other  animal  power,  which  shall 
be  used  for  the  conveyance  of  persons  within  the  city  of  Balti- 
more for  hire  or  compensation,  shall  be  deemed  a  hackney 
carriage.  To  regulate  the  breadth  of  the  wheels  of  wagons, 
carts  and  drays  to  be  used  for  hauling  burdens  on  the  streets 
of  said  city,  but  such  regiTlations  shall  not  affect  persons  hauling 
produce  to  said  city. 

'  Vansant  v.  Harlem  Stage  Co.,  59  Md.  330.  State  v.  Rowe,  72  Md. 
552.    Mason  v.  Cumberland,  92  Md.  451. 

(3)         CHIMNEYS, 

p.  L.  L.,  (1860)  Art.  4,  sec.  150.    P.  L.  L.,   (1888)  Art.  4,  sec.  148. 

To  license  and  regulate  the  sweeping  of  chimneys  and  fix 
the  rates  thereof,  and  to  regulate  the  sweeping  of  any  chim- 
ney by  the  neglect  of  which  the  city  may  be  endangered,  and 
to  ascertain  and  regulate  the  width  of  those  to  be  built  in  the 
city. 

(4)         COI^DEMNATIO:^  OF  PKOPEKTY. 

1892,  ch.  307.  P.  L.  L..  (1888)  Art.  4.  sec.  14Sa.  1906,  cli.  397.  1906.  ch. 

402.  1908,  ch.  166. 

To  acquire  by  purchase  or  condemnation  any  land  or  any 
interest  therein  which  it  may  require  for  school-houses,  engine- 
houses,  court-houses,  markets,  streets,  bridges  and  their  ap- 
proaches, the  establishment  or  enlargement  of  parks,  squares, 
gardens  or  other  public  places,  the  establishment  of  esplanades, 
boulevards,  parkways,  park  grounds  or  public  reservations, 
around,  adjacent,  opposite,  or  in  proximity  or  leading  to  any 
public  building  or  buildings,  or  which  it  may  require  for  any 
other  public  or  municipal  purpose ;  and  also  any  and  all  land 
and  property  or  interest  in  land  and  property  adjoining  and 
extending  such  distance  as  may-  be  adjudged  necessary  from 
any  property  in  use  or  about  to  be  acquired  for  such  esplanade, 
boulevard,  parkway,  park  grounds  or  public  reservation,  as 
aforesaid,  the  use  of  which  said  adjacent  property  it  may  be 
deemed  necessary  or  beneficial  to  subject  to  lawful  restrictions 
or  control,  in  order  to  better  protect  or  enhance  the  usefulness 
of  such  public  building  or  buildings,  or  in  any  manner  to  pro- 
mote the  interests  of  the  public  therein,  or  to  more  fully 
effectuate  the  purposes  ol  the  establishment  of  such  esplanade, 
boulevard,  parkway,  park  grounds  or  public  reservations ;  and 
to  sell  thereafter  such  adjacent  lands  or  property,  subject  to 
such  reservations  or  restrictions  as  to  the  subsequent  use  thereof, 


9 

as  may  appear  advisable  for  the  protection  of  such  public  build- 
ing or  buildings,  or  for  enhancing  the  usefulness  thereof,  or 
in  any  manner  to  promote  the  interests  of  the  public  therein, 
or  for  better  insuring  the  protection  or  usefulness  of  such 
esplanade,  boulevard,  parkway,  park  grounds  or  public  reserva- 
tions, or  in  any  manner  to  better  accomplish  the  purposes  and 
serve  the  public  interests  for  which  they  shall  have  been  or 
shall  be  established.  The  Mayor  and  City  Council  of  Baltimore 
may  prescribe  the  procedure  for  condemnation  of  any  land 
or  property  situated  wholly  within  the  City  of  Baltimore,  which 
under  the  foregoing  provisions  it  is  authorized  to  condemn, 
but  such  procedure  as  the  said  Mayor  and  City  Council  of 
Baltimore  may  adopt  shall  include  provision  for  reasonable 
notice  to  the  owner  or  owners,  and  for  appeals  to  the  Balti- 
more City  Court  by  any  person  interested,  including  the  Mayor 
and  City  Council  of  Baltimore,  from  the  decision  of  any  com- 
missioners or  other  persons  appointed  to  value  any  such  land  or 
property,  or  interest  therein,  Nothing  herein  contained  shall 
be  construed  as  depriving  the  city  of  any  power  of  condemnation 
for  any  purpose  already  vested  in  it.  The  Mayor  and  City 
Council  of  Baltimore  shall  have  full  power  and  authority  to 
provide  by  ordinance  for  ascertaining  whether  any  and  what 
amount  of  benefits  will  accrue  to  the  owner  or  possessor  of  any 
ground  or  improvements  within  the  City  of  Baltimore  by  reason 
of  the  establishment  or  enlargement  of  any  parks,  squares,  gar- 
dens, esplanades,  boulevards,  parkways,  park  grounds,  public 
reservations  or  other  public  places,  for  which  said  owner  or 
possessor  ought  to  pay  compensation,  and  to  provide  by  ordi- 
nance for  assessing  or  levying  the  amount  of  such  benefits  on 
the  property  of  persons  so  benefited ;  provided,  that  provision 
is  made  therein  for  reasonable  notice  to  the  person  or  persons 
against  whom  sucli  benefits  are  to  be  assessed,  and  provided 
that  provision  be  made  for  appeals  to  the  Baltimore  City  Court 
by  any  person  or  persons  interested,  including  the  Mayor  and 
City  Council  of  Baltimore,  from  the  decision  of  any  board, 
commissioners  or  other  persons  appointed  or  authorized  to  assess 
such  benefits. 

f)'I{rioii  V.  P.altiiiKirc  licit  U.  K.  Co..  74  .Md.  :',"}.  (Uurk  v.  M.iyor, 
Vic.  T'.iilto..  SI   M(l.  :>,-[-,. 

W'hdrcc.t  (1)1(1  IJocLh:  ("oiKk'iiiiiat  ioii  ol'  wliiirt'iif,'!'  mid  (l(ickii;;i'  rij,'lits. 
\'!i  I  nation  of  franchise  riplit  of  wharfafje,  rif^^lit  of  appcllanls  to  dock 
its  own  vessels  at  its  wliarf  an<l  the  iif,'ht  of  aceess  to  sueh  wliarf  over 
njiviyahle  water.  Ileltl  tliat  it  is  impossible  to  sef^reyate  these  elements 
for  jtnrposos  of  valuation  separately  in  the  condemnation  of  same  for 
Iiulilif  inijirovements. 

Mayor  iV  C.  ('.  of  i'.alto.  v.  IJalto.  A:  I'hila.  Steanihoal  Co.,  101  Md.  ISG. 


10 

Condemnation  of  Property:  In  this  connection,  see  also  Baltimore  v. 
Rice,  73  Md.  307;  Van  Witzen  v.  Gutman,  79  Md.  411;  Shanfelter  v. 
Mayor,  etc.,  SO  Md.  483. 

For  recent  cases  relative  to  parties  entitled  to  compensation  when 
land  is  condemned  for  municipal  purposes,  see, 

Mayor,  etc.  Hagerstown  v.  Groh,  101  Md.  560.  Baltimore  City  v. 
Latrobe,  101  Md.  625. 

Mere  inconvenience  of  access,  or  mere  diminution  of  light  and  air  to 
propei'ty   does   not   constitute   a    "taking"   within    the   meaning   of   the 
Constitution.     Such  injury  to  come  within  the  constitutional  provision 
must  be  such  as  to  amount  to  their  substantial  destruction. 
Baltimore  v.  Bregenzer,  125  Md.  78. 

Condemnation  proceedings  for  water  supply. 

Brack  v.  Baltimore,  125  Md.  — . 

A  dedication  of  land  to  public  use  may  be  revoked  before  acceptance 
by  an  exclusive  and  adverse  possession  thereof  by  the  owner. 
Canton  Co.  v.  M.  &  C.  C,  106  Md.  69. 

In  condemnation  proceedings  under  the  Annex  Improvement  Act  of 
1904,  property  liable  for  benefit  assessment  in  street  openings,  even 
though  the  Act  provides  a  loan  out  of  which  expenses  of  condemnation 
may  be  defrayed. 

Lauer  v.  M.  &  C.  C,  110  Md.  447. 

In    street    condemnation    proceedings    the    preliminary    plat    showing 
property  to  be  taken  need  not  show  a  portable  building. 
Whiteley  v.  M.  &  C.  C,  113  Md.  541. 
Street  held  not  to  be  dedicated  to  public  use. 

Bloede  v.  M.  &  C.  C,  115  Md.  594. 

Merely  because  parties  may  receive  from  the  closing  of  a  street  more 
direct  benefits  than  the  public  at  large,   it  does  not  follow  that  the 
closing  of  the  street  is  for  private  and  not  for  public  benefit. 
M.  &  C.  C.  V.  Brengle,  116  Md.  342. 

The  principle  that  damages  are  not  ordinarily  recoverable  for  an 
injury  to  adjacent  land  caused  by  a  lawful  change  in  the  grade  of  a 
public  highway  is  confined  to  cases  in  which  no  part  of  the  abutting 
property  is  taken  and  where  any  land  is  taken  in  a  street  condemnation, 
the  "just  compensation"  required  to  be  paid  under  the  Constitution 
must  include  not  only  the  value  of  the  land  condemned,  but  also  a  due 
allowance  of  damages  for  injury  to  the  remainder. 

M.  &  C.  C.  V.  Garrett,  120  Md.  60S. 

When  the  erection  of  a  structure  in  a  public  street  cuts  off  the  light 
and  air,  and  the  ingress  and  egress  to  and  from  a  building  abutting  on 
said  street,  it  amounts  to  a  taking  of  property  even  though  there  has 
been  no  actual  physical  invasion. 

Walters  v.  M.  &  C.  C,  120  Md.  644. 

Where  a  deed  merely  describes  the  land  conveyed  as  abutting  on  a 
street  which  was  only  referred  to  once,  and  whose  width  is  not  given, 
and  where  there  was  no  evidence  of  any  dedication,  it  was  held  that  no 
dedication  could  be  presumed  from  the  deed. 

M.  &  C.  C.  V.  Yost,  121  Md.  366. 

The  fact  that  Chapter  110  of  the  Acts  of  1910,  authorizing  the  con- 
struction of  the  Fallsway,  provided  a  fund  to  meet  the  cost  and  expenses 


11 

of  the  improvement,  had  no  effect  on  the  po^A•er  of  the  city  and  the 
Commissioners  for  Opening  Streets  to  assess  benefits. 

P.  B.  &  W.  R.  R.  Co.  V.  M.  &  C.  C,  121  Md.  504. 

The  Fallsway  having  been  constructed  under  the  special  authority  of 
Chapter  110  of  the  Acts  of  1910,  there  was  no  legal  necessity  of  giving 
the  notice  required  by  Section  828  of  the  Charter,  in  order  to  render 
benefit  assessments  valid. 

Safe  Deposit  &  Trust  Co.  v.  M.  &  C.  C,  121  Md.  522. 

The  "just  compensation"  required  by  the  Constitution  to  be  paid  when 
private  property  is  taken  for  public  use,  includes  not  only  the  value  of 
the  part  of  the  lot  condemned,  but  also  a  due  allowance  for  damages  for 
any  injury  done  to  the  remainder. 

M.  &  C.  C.  V.  Megary,  122  Md.  20. 

In  condemnation  proceedings  to  close  a  street,  damages  cannot  be 
legally  demanded  for  consequential  injuries  to  property  that  is  several 
squares  distant  from  the  street  closed  and  which  has  means  of  ingress 
and  egress  independent  of  the  street  closed. 

German  Lutheran  Church  v.  M.  &  C.  C,  123  Md.  142. 

In  condemnation  proceedings  to  open  a  public  street,  the  question  of 
whether  the  permanent  grade  should  not  be  established  before  the 
assessment  of  benefits  is  one  within  tl'e  iurisdiction  of  the  Baltimore 
City  Court,  with  the  right  of  an  appeal  from  its  decision  to  the  Court 
of  Appeals. 

M.  &  C.  C.  V.  Johnson,  123  Md.  320. 

When  an  assessment  for  benefits  for  the  opening  of  a  street  has  been 
made  before  the  fixing  of  the  grade,  on  appeal  to  the  Baltimore  City 
Court,  a  prayer  instructing  the  jury  that  there  is  no  evidence  in  the 
case  legally  sufficient  to  justify  an  asses.sment  of  benefits  against  the 
property  is  proper. 

Patterson,  et  al.  v.  M.  &  C.  C.  124  Md.  153. 

When  a  street  is  dedicated  to  the  public  merely  by  deeds  and  plats  of 
the  grantee  and  has  never  been  expressly  or  by  implication  accepted  by 
the  public  authorities  or  ever  used  as  a  street  for  over  sixty  years  after 
such  deeds  were  recorded,  and  where  the  ground  so  dedicated  had  never 
been  paved  or  lighted  but  had  been  enclosed  by  a  fence  and  leased  out 
and  used  by  private  parties,  and  for  over  tliirty  yenrs  flio  inihlic  authori- 
ties had  assessed  and  collected  taxes  on  the  property,  it  was  held  that  the 
city  was  estopped  from  asserting  any  rights  over  the  property  or  from 
accepting  the  dedication. 

M.  &  C.  C.  v.  Canton  Co.,  124  Md.  020. 

Where  in  a  conveyance  of  land  the  description  is  by  reference  to 
streets  designated  as  sucli  in  the  conveyance  or  on  a  map  made  by  the 
city  or  by  the  owner  of  the  property,  there  is  an  implied  covenant  that 
the  purchaser  shall  have  the  use  of  such  streets,  and  such  conveyance 
is  evidence  tending  to  establish  a  dedication  of  the  streets  so  referred 
to,  if  at  the  time  of  the  deed  the  title  in  the  beds  of  the  streets  was  in 
the  grantor. 

P.  B.  &  W.  R.  R.  Co.  v.  M.  &  C.  C,  124  Md.  G35. 

The  city  has  no  power  to  assess  benefits  which  materially  amount  to 
more  than  the  aggregate  of  damages  and  expenses,  and  It  Is  the  duty 
of  the  Commissioners  for  Opening  Streets  to  (li'iluct  ilic  excess,  if  ilicy 
find  such,  pro  rata. 

Md.  Trust  Co.  v.  M.  &  C.  ('..    ILT)   M-l.    Id. 


12 
(5)         FIRE. 

p.  L.  L.,    (1860)    Art.  4,  sees,  29,  30,  236-238,  249.     1878,  cli.  120. 
1884,  ch.  312.    1886,  eh.  463.    1888,  ch.  393.    P.  L.  L.,  (1888)  - 
Art.  4,  sees.  312-315C,  324,  328.    1894,  ch.  190. 

To  establish  and  regulate  fire  wards  and  fire  companies,  and 
all  matters  pertaining  to  the  prevention  and  extinguishment  of 
fires.  To  appropriate  a  sum  of  money  annually  for  the  relief 
of  disabled  and  superannuated  firemen,  for  the  relief  of  the 
widows  and  children  of  firemen  who  have  been  killed  in  the 
discharge  of  duty,  and  to  provide  by  general  ordinance  for 
giving  pensions  to  employees  of  the  Baltimore  Fire  Department 
who  may  become  unable  to  perform  further  service,  by  reason 
of  age,  or  other  physical  or  mental  disabilities.  To  retire  from 
office  in  the  Fire  Department  any  permanent  or  called  member 
thereof  who  has  become  permanently  disabled  while  in  the  actual 
performance  of  duty,  or  has  performed  faithful  service  in  the 
department  for  a  period  of  not  less  than  twenty  consecutive 
years,  and  placing  the  member  so  retired  upon  a  pension  roll, 
the  amount  of  annual  pension  to  each  pensioner  to  be  an  amount 
equal  to  one-half  the  yearly  amount  then  being  received  by 
him,  for  service  in  said  department  at  the  time  of  such  retire- 
ment, per  annum,  payable  in  monthly  installments.  To  appro- 
priate annually  such  sums  of  money  as  shall  be  sufficient  to 
pension  all  such  members  of  the  Fire  Department  as  shall  be 
upon  the  pension  roll.  To  regulate  the  evil  and  pernicious  prac- 
tice of  firing  or  discharging  crackers  within  the  limits  of  said 
city,  either  by  prohibiting  sale  of  the  crackers  or  otherwise.  To 
erect  and  provide  magazines  for  the  storage  of  gunpowder 
brought  to  the  city  and  to  compel  the  storage  of  same  therein, 
and  to  regulate  the  price  of  said  storage.  To  regulate  the 
storage  of  naval  stores  and  other  combustible  matter  in  such 
quantities  or  in  such  places  in  the  city  as  may  be  deemed  dan- 
gerous. To  provide  for  the  inspection  of  oils  or  fluids  made 
from  petroleum  or  its  products,  to  be  used  for  illuminating 
purposes,  offered  for  sale  in  the  City  of  Baltimore,  and  for  the 
appointment  of  inspectors  for  that  purpose,  and  to  impose  such 
fines  and  penalties  as  it  may  deem  necessary  and  proper  in  the 
premises.  To  fix  by  ordinance  the  standard  or  flashing  point  of 
oils,  or  fluids  made  from  petroleum  or  its  products,  used  for 
illuminating  purposes,  and  offered  for  sale  in  said  city,  and  to 
provide  for  the  inspection  of  the  same,  and  for  the  appointment 
of  inspectors  for  that  purpose. 

Where  a  municipality  furnishes  water  gratuitously  to  be  xised  in 
extinguishing  fires  it  acts  in  a  governmental  capacity  and  is  not  liable 
for  negligence  in  connection  with  its  water  works. 

Wallace  v.  Baltimore,  123  Md.  638. 


13 

(6)         FISH. 

To  regulate  the  sale  or  disposition  of  fish  within  the  limits 
of  the  City  of  Baltimore;  to  impose  fines  or  penalties  for  the 
violation  of  any  regulation  it  may  establish. 

(7)   FRUITS,  MEATS,  VEGETABLES  AND  OTHER 

ARTICLES. 

p.  L.  L.,  (1S8S)  Art.  4,  sec.  646A.    1890,  ch.  100. 

To  license  and  regulate  the  sale  of  fresh  fruits,  meats,  vege- 
table and  all  other  perishable  articles  in  the  City  of  Baltimore. 

(8)    HARBOR,  DOCKS  Al^D  WHARVES. 

p.  L.  L.,    (1860)   Art.  4,  sees.  263,  264,  265,  266,  271,  272,  793,  794,  796, 

944,   945.     1880,   ch.  418.     1884,  ch.   230.     1884,  ch.  309. 

1888,  ch.  261.    P.  L.  L.,  (1888)  Art.  4,  sees.  343, 

344,  346-350,  355-357,  367-368.    1908, 

ch.  148.     1912,  ch.  32. 

1914,  ch.  144. 

To  provide  for  the  preservation  of  the  navigation  of  the 
Patapsco  River  and  tributaries,  including  the  establishment 
of  lines  throughout  the  entire  length  of  said  Patapsco  River 
and  tributaries,  beyond  which  lines  no  piers,  bulkheads,  wharf, 
pilings,  structures,  obstructions  or  extensions  of  any  character 
may  be  built,  erected,  constructed,  made  or  extended ;  to  provide 
for  improving,  cleaning  and  deepening  said  river  and  tribu- 
taries, and  the  removal  therefrom  of  anything  detrimental  to 
navigation  or  health ;  to  provide  for  and  regulate  the  stationing, 
anchoring  and  moving  of  vessels  or  other  water  craft,  and  to 
prevent  any  material,  refuse  or  matter  of  any  kind  from  being 
thrown  into,  deposited  in  or  placed  where  the  same  may  fall, 
or  be  washed,  into  said  river  or  tributaries ;  to  make  surveys  or 
charts  of  the  Patapsco  River  and  tributaries,  and  to  ascertain 
the  depth  and  course  of  the  channels  of  the  same;  and  when 
necessary  in  its  judgment,  to  affix  buoys  or  water  marks  for 
facilitating  and  rendering  more  safe  the  navigation  thereof ;  to 
erect  and  maintain  and  to  authorize  the  erection  and  main- 
tenance of,  and  to  make  such  regulations  as  it  may  deem  proper, 
respecting  wharves,  bulkheads,  piers  and  piling,  and  the  keep- 
ing of  the  same  in  repair,  so  as  to  prevent  injury  to  navigation 
or  health;  to  regulate  the  use  of  public  wharves,  docks,  piers, 
bulkheads  or  pilings,  and  to  lease  or  rent  the  same,  and  to 
impose  and  collect  dockage  from  all  vessels  and  water  craft  lying 
at  or  using  the  same,  and  to  collect  wharfage  and  other  charges 
upon  all  goods,  wares,  merchandise  or  other  articles  landed  at. 


14 

shipped  from,  stored  on  or  passed  over  the  same ;  to  provide 
for  the  appointment  of  such  officers  aud  employees  as  may  be 
necessary  to  execute  the  aforegoing  powers  and  to  impose  lines 
or  penalties  for  a  breach  of  any  ordinance  passed  in  conformity 
herewith,  said  fine  not  to  exceed  two  hundred  dollars  ($200) 
for  any  one  offence.  Provided,  however,  that,  except  in  regard 
to  docks  or  wharves  owned  by  the  Mayor  and  City  Council  of 
Baltimore,  nothing  contained  in  this  Act  shall  be  construed  to 
impose  any  duty  upon  the  Mayor  and  City  Council  of  JJalti- 
more  to  any  person  or  corporation  using  said  river,  or  any  of 
its  tributaries,  in  regard  to  the  safety  thereof,  or  to  render  the 
said  Mayor  and  City  Council  of  Baltimore  liable  for  any  loss 
of  life,  or  injury  or  damage  to  person  or  property,  by  reason 
of  any  obstruction  in,  or  unsafe  condition  of,  any  part  of  said 
river,  or  of  said  tributaries  or  branches,  or  either  of  them. 
Nothing  contained  in  this  Act  shall  be  so  construed  as  to  render 
the  City  of  Baltimore,  or  any  of  its  officers,  liable  in  damage 
or  otherwise  to  any  person  or  persons,  or  corporations,  for  any 
omissions  to  pass  any  ordinance,  regulation  or  resolution  pur- 
suant to  the  provisions  hereof,  or  for  a  failure  to  enforce  the 
same. 

Classen  v.  Chesapeake,  SI  Md.  258.  M.  &  C.  C.  of  Balto.  v.  St.  Agnes 
Hospital,  48  Md.  419.  Harrison  v.  Sterrett,  4  H.  &  McH.  540.  Girauds' 
r.essee  v.  Hughes,  1  G.  &  .T.  249.  Dugan  v.  Mayor,  5  G.  &  J.  357.  Ber- 
nard V.  Torrence,  5  G.  &  J.  394.  Wilson  v.  Inloes,  11  G.  &  J.  351.  Casey's 
Lessee  v.  Inloes,  1  Gill  430.  Mayor,  etc.  v.  White,  2  Gill  444.  The  wharf 
case,  3  Bland  361.  Baltimore  v.  McKim,  3  Bland  453.  Hammond's 
Les.see  v.  Inloes,  4  Md.  138.  Patterson  v.  Gelston,  23  Md.  443.  Broad- 
way, etc.  Co.  V.  Hankey,  31  Md.  346.  Page  v.  Mayor,  .34  Md.  558.  Gar- 
rittee  v.  Mayor,  53  Md.  422.    McMurray  v.  Mayor,  54  Md.  103. 

Actional  negligence  cannot  be  injputed  to  the  city  for  mistake  of 
judgment,  or  even  negligence,  of  its  officers  in  performing  govern- 
mental function  of  selecting  a  place  for  the  loading  of  explosives,  from 
which  it  derives  no  profit. 

Foard  Co.  et  al.  v.  State  of  Md.  etc.,  219  Fed.  Kept.  827. 

The  one  subject  of  an  act  being  the  charter  powers  and  obligations  of 
the  city,  an  act  repealing  and  re-enacting  several  sections  of  the  City 
Charter  is  not  invalid  under  Section  29  of  Article  3  of  the  State 
Constitution. 

Foard  Co.  et  al.  v.  State  of  Md.  etc..  219  Fed.  Rept.  827. 

(9)         HEALTH. 

p.  L.  L.,   (1860)   Art.  4,  sec.  797.     1886,  ch.  396.     1890,  ch.  509. 
P.  L.  L.,   (1888)  Art.  4,  sees.  378  and  400. 

To  preserve  the  health  of  the  city.  To  prevent  and  remove 
nuisances.  To  prevent  the  introduction  of  contagious  diseases 
within  the  city,  and  within  three  miles  of  the  same  upon  land. 


15 

and  within  fifteen  miles  thereof  upon  the  navigable  waters  lead- 
ing thereto.  To  regulate  the  places  of  manufacturing  soap  and 
candies,  the  erecting  of  slaughter  houses  and  distilleries,  and 
where  every  other  oifensive  trade  may  be  carried  on.  To  regu- 
late the  construction,  care,  use  and  management  of  tenement 
houses,  lodging  houses  and  cellars  in  the  City  of  Baltimore,  for 
the  better  protection  of  the  lives  and  health  of  the  inmates  dwell- 
ing therein. 

Harrison  v.  Mayor,  &c.,  1  Gill  264.  Mayor  v.  Brannan,  14  Md.  227. 
N.  C.  Ry.  Co.  V.  Baltimore,  21  Md.  105.  Altvater  v.  Baltimore,  31  Md. 
466.  Mayor,  &c.,  v.  Radecke,  49  Md.  217.  Boelim  v.  Mayor,  &c.,  61 
Md.  259.  State  v.  Mott,  61  Md.  297.  Deems  v.  Mayor  &  C.  C.  of  Balto., 
SO  Md.  170.  Cochrane  v.  Frostburg.  81  Md.  54.  Hagerstown  v.  Witmer, 
86  Md.  293.     Balto.  v.  Fairfield  Improvement  Company,  87  Md.  352. 

Decisions   Defining  the  Powers  of  a  Municipal  Corporation  in  Relation  to 
Public  Health,  Safety  and  Similar  Police  Powers. 

HEALTH   ORDINANCES. 

Poiver  of  Municipal  Corporation  to  pass  same.  It  is  not  for  Courts  of 
Justice  to  say  that  a  given  enactment  passed  by  the  Legislature  in  virtue 
of  the  police  power,  and  having  a  direct  relation  to  it  is  void  for  unrea- 
sonableness; but  whenever  power  has  been  delegated  by  the  Legislature 
to  a  municipal  corporation  to  adopt  and  promulgate  ordinances  for  the 
protection  of  the  public  health,  morals  or  safety,  the  reasonableness  of 
the  measures  enacted  by  the  municipality  is  a  feature  to  which  the 
courts  look  to  see  whether  the  measure  is  within  the  power  granted. 

State  v.  Hyman,  98  Md.  618. 

INFECTIOUS  AND  CONTAGIOUS  DISEASES. 
Small  Pox.     Expenses  of  Disinfection. 

See,  Harrison  v.  Mayor,  1  Gill  264. 

NUISANCES  GENERALLY. 
There  is  no  prescriptive  right  to  maintain  a  public  nuisance. 
P.  W.  &  B.  R.  R.  Co.  v.  State,  20  Md.  1.57.     N.  C.  Ry.  Co.   v.  Balti 
more,  21  Md.  105. 
As  to  duty  of  City  to  prevent  public  nuisances,  see, 

Mayor   v.   Brannan,    14   Md.   227. 
A  private  individual  cannot  maintain  an  action  for  damages  resulting 
from  a  public  nuisance  unless  he  suffers  some  special  injury.  The  remedy 
is  by  indictment. 

Harrison  v.  Sterrett,  4  H.  &  McH.  550. 
A  municipal  corporation,  without  any  general  laws,  either  of  the  City 
or  of  the  State,  within  wliicli  a  given  structure  can  be  sliown  to  bo  a 
nuisance,  cannot  by  a  mere  declaration  that  it  is  one,  subject  it  to 
removal  by  any  person  supposed  to  be  aggrieved,  or  even  by  the  city 
itself. 

New  Windsor  v.  Stocksdale,  95  Md.  215. 
The    municipality   cannot.    l)y    merely    declaring   a    structure   over   n 
(iedi>ale(l  alley  not  yet  occupied  liy  it.  a  nuisance,  remove  fbe  smiiic.  but 
the  fact  that  it  was  a  nuisance  should  have  been  lirst  establislied  lieroie 
a  court  of  competent  jurisdiction. 

Frostburg  v.   Ilitchlns,  99  Md.  617. 


16 

Particular  Nuisances. 
Batvdy  House.    A  bawdy  house  is  a  public  nuisance  which  may  be 
eiijomeci  if  a  continuing  nuisance  and  in  addition  a  suit  for  damages  will 
lie  for  the  depreciation  of  property  resulting  from  its  maintenance. 
Hamilton  v.  Whitridge,  11  Md.  143. 
nridffe.     When  a  defective  bridge  may  be  a  nuisance, — 

-See,  P.  W.  &  B.  R.  R.  Co.  v.  State,  20  Md.  157. 
liuildings.    A  dilapidated  building  or  wall,  menacing  the  users  of  the 
street,  is  a  nuisance. 

Murray  v.  McShane,  52  Md.  217. 
Cattle  running  at  Large,  See, 

Cochrane  v.  Frosthurg,  SI  Md.  54. 
Cess-pools   in   Toicns.    See, 

Sprigg  V.  Garrett  Park,  89  Md.  410. 
Coasting  in  Streets  or  on  Sidewalks.   When  a  nuisance  which  city  is 
bound  to  prevent;  see, 

Altvater  v.  Mayor,  31  Md.  466.    Taylor  v.  Cumberland,  64  Md.  6S. 
Dogs  Running  at  Large.    Validity  of  ordinances  providing  for  killing 
of  same  sustained. 

City  of  Hagerstown  v.  Witmer,  86  Md.  293. 
Drains.    Overflow  from  drains  flooding  lands,  see, 

Guest  V.  Commissioners  of  Church  Hill,  90  Md.  689. 
Elevated  Structures.    Not  necessarily  a  public  nuisance,  see, 
Garrett  v.  Lake  Roland  Elv.  R.  R.  Co.,  79  Md.  286. 
Fertilizer  Factory.    When  a  nuisance.    Prescriptive  right  where  plain- 
tiff "came  to  the  nuisance,"  discussed. 

Susquehanna  Fertilizer  Co.  v.  Malone,  73  Md.  268. 
Ice  on  Footways.    Duty  and  liability  of  municipality  arising  therefrom 
discussed.  Baltimore  v.  Marriott,  9  Md.  174. 

Lime  Kilns.  A  particular  use  of  property  declared  a  nuisance  by  an 
ordinance  of  a  municipal  corporation,  did  not  make  such  use  a  nuisance, 
unless  it  be  so  in  fact,  according  to  the  common  law  or  statutory  defini- 
tion of  a  nuisance. 

State  V.  Mott,  61  Md.  259. 
Livery  Stable.    Declared  not  to  be  a  nuisance  per  se,  but  may  become 
so  by  its  construction  or  use. 

Commissioners  of  Easton  v.  Covey,  74  Md.  262.  Metropolitan  Savings 
Bank  v.  Manion,  87  Md.  68.     Gallegher  v.  Flury,  99  Md.  187. 

A  stable  for  horses  is  not  a  nuisance  per  se,  and  the  erection  of  one 
will  not  be  enjoined  merely  because  it  may  become  one  from  the  way  it 
may  be  managed. 

King  v.  Hamill,  97  Md.  107. 
Markets.     Duty  of  City  to  prevent  nuisances  in  markets.     Hole  in 
market  place.  Mayor  v.  Brannan,  14  Md.  227. 

Navigable  Waters.  Obstruction  of  navigable  waters  of  Patapsco  by 
deposits  of  mud  and  sediments. 

Garrittee  v.  M.  &  C.  C.  of  Baltimore,  53  Md.  422. 
Noxious  Gases  from  Fertilizer  Factories,  see. 

Fertilizer  Co.  v.  Spangler,  86  Md.  562. 
Obstructions  in  Public  Streets,  constitute  a  public  nuisance  and  the 
remedy  is  by  indictment. 

Fort  V.  Graves,  29  Md.  188.    Houck  v.  Wachter,  34  Md.  265. 


17 

Offensive  Trades.  Rules  for  determiuing  when  they  .constitute  a 
nuisance. 

Horner  v.   State,   49  Md.  277. 
As  to  whether  noises,  smell  and  the  like  physical  discomforts  arising 
from  the  prosecution  of  a  commendable  and  necessary  trade  or  business 
will  be    treated  as  constituting  a  nuisance,  see, 

Gibbons  v.  Becker,  Daily  Record,  February      21,  1893.     Cf.,  Berge  v. 
Baltimore  Cemetery  Co.,  Daily  Record,  October  26,  1889. 
Pest  Houses.     Leprosy,  when  a  nuisance,  see, 

Baltimore  City  v.  Fairfield  Imp.  Co.,  87  Md.  352. 
Privies.    When  a  nuisance,  see, 

Boehm  v.  Baltimore,  61  Md.  259. 
Authority  of  State  Board  of  Health  to  compel  installation  of  sewers 
in  various  counties  of  State  and  in  Baltimore  City. 

Welch,  et  al.  v.  Coglan.  et  al..  Daily  Record,  April  21,  1915. 
Shade  Trees.     Not  removable  by  a  municipal  corporation  unless  they 
constitute  a  nuisance. 

Frostburg  v.   Wineland.  98  Md.   239. 
Slaughter  Houses.     Blood,  ofCal  and  refuse  from  slaughter  houses  let 
hito  a  mill  race  rendering  water  offensive  and  impure  constitute  a  public 
nuisance.  Woodyear  v.  Henry  Schaefer,  57  Md.  1. 

Smoke,  Noxious  Vapor,  etc.  Smoke,  noxious  vapor,  noise  and  vibra- 
tion in-oductive  of  active  physical  discomfort  and  rendering  one's  habi- 
tation unfit  and  unsafe  is  a  nuisance,  though  the  business  may  be  lawful. 

Dittman  v.  Repp,  50  Md.  516. 
Smoke,  Noise,  Tihration.     Smoke,  steam  and  cinders  from  a  chimney; 
when  a  nuisance,  see, 

Lurssen  v.  Lloyd.  76  Md.  360.    Euler  v.  Sullivan,  75  Md.  616. 
Steam  Boiler.     Not  a  nuisance  per  se.    An  ordinance  committing  to  an 
official  the  power  to  declare  a  steam  boiler  a  nuisance  and  to  demand  its 
removal  without  a  provision  to  determine  whether  it  is  a  nuisance  in 
fact,  is  void.  Baltimore  v.  Radecke,  49  Md.  217. 

Toll  Gate.  A  toll  gate  upon  a  highway  unauthorized  is  a  public 
nuisance.  Schall  v.  Nusbaum,  56  Md.  512. 

(10)         HOSPITALS. 

p.  L.  L.,  (1860)  Art.  4,  sec.  31.    P.  L.  L.,  (1888)  Art.  4,  sec.  409. 
To  erect  or  establish  houses  of  correction,  ahiishonses,  refor- 
matories, hospitals  or  pest-houses,  within  or  without  the  city, 
if  necessary,  and  make  all  regulations  for  the  government  of 

the  same. 

Baltimore  City  v.  Fairfield  Imp.  Co.,  87  Md.  352. 

(11)         INSPECTIONS. 

I'.  L.  L.,   (1S60)  Art.  4.  sees.  28,  942.  943.     P.  L.  L.,   (1888)   Art.  4,  sees. 
425-427.     1894,  ch.  53.     1896,  ch.  273. 

To  establish  and  regulate  inspections  within  the  city.     To 

make  the  standard  of  weights  and  measures  the  same  iu  the 

City  of  Baltimore  as  in  the  rest  of  the  State,  and  rufm-c  tlio 


18 

same  by  inspection.  To  regulate  and  fix  the  assizing  of  bread. 
To  provide  by  ordinance  for  the  proper  inspection  of  milk  or 
any  and  all  other  food  products  oifered  for  sale  in  the  City  of 
Baltimore  or  intended  for  consumption  therein ;  to  make  and 
from  time  to  time  to  alter  such  regulations  in  regard  to  the 
sale  of  milk  or  any  or  all  other  food  products  as  to  it  may  seem 
necessary  to  protect  the  public  health ;  and  to  provide  by  fine  of 
not  more  than  one  hundred  dollars  for  each  ofTense  for  the 
punishment  of  violations  against  such  regulations  and  ordi- 
nances ;  to  provide  for  such  number  of  inspectors  or  analysts 
as  it  may  deem  necessary,  and  to  fix  their  duties  and  compen- 
sation, and  from  time  to  time  change  the  number,  duties  and 
compensation  of  said  inspectors  and  analysts.  To  provide  by 
ordinance  for  the  proper  inspection  of  all  bakeries,  bake  shops, 
candy  factories,  confectioneries,  or  other  places  for  the  manu- 
facture of  bread,  cakes,  confectionery  and  similar  food  products, 
for  the  purpose,  more  especially,  of  ascertaining  their  sanitary 
condition  and  cleanliness,  and  for  the  purpose  of  ascertaining 
the  purity,  healthfulness  and  wholesomeness  of  the  flour,  sugar, 
butter,  lard  and  other  ingredients  used  in  making  such 
bread,  cakes,  confectionery  and  other  articles  of  food  offered 
for  sale  in  the  City  of  Baltimore,  or  intended  for  consumption 
therein;  to  make  and  from  time  to  time  alter  such  regulations 
or  ordinances  in  regard  to  the  sale  of  said  food  products  as  to  it 
may  seem  necessary  to  protect  the  public  health,  and  to  provide 
by  fine  of  not  less  than  twenty  dollars  nor  more  than  one  hun- 
dred dollars  for  each  offense  for  the  punishment  of  violations 
against  such  regulations  and  ordinances;  to  provide  for  such 
number  of  inspectors  and  analysts  as  it  may  deem  necessary, 
and  to  fix  their  duties,  qualifications  and  compensation. 
State  V.  Broadbelt,  89  Md.  565. 
As  to  power  to  regulate  inspection  of  millv,  see^ 

Deems  v.  Mayor  &  C.  C.  of  Balto.,  SO  Md.  164. 

(12)  JAIL. 

1S6S,  ch.  3.     P.  L.  L.,   (1888)  Art.  4,  sec.  536. 
To  own,  regiilate  and  control  the  Jail  of  Baltimore  City. 

(13)         JO^TES'  FALLS. 

1864,  ch.  163.  1870,  ch.  115.  1870,  ch.  113.  P.  L.  L..  (1888)  Art.  4, 

sees.  574-578,  581,  582. 

To  make  such  improvements  in  connection  with  Jones'  Falls 
as  in  its  judgment  are  desirable,  and  for  this  purpose  to  change 
the  course,  lines  and  boundaries  of  said  stream,  in  whole  or 


19 

part ;  to  widen  and  deepen  the  same ;  to  lay  out  and  construct 
on  the  sides  and  adjacent  to  said  stream,  streets,  avenues  and 
wharves.;  to  construct  all  such  sewers  and  drains  in  said  city  as 
shall  be  deemed  requisite  in  connection  with  said  improvement ; 
and  generally  to  do  all  such  things,  and  exercise  all  such  powers, 
as,  in  its  judgment,  shall  be  necessary  to  be  done  and  exercised 
for  the  accomplishment  of  any  plans  for  the  improvement  of 
Jones'  Falls  which  have  been  or  may  be  adopted  by  it.  To  have 
power  at  any  time  to  acquire  all  property  of  every  kind  and 
description  which  may  be  necessary  or  advisable,  in  its  judg- 
ment, to  acquire,  for  the  accomplishment  of  the  purposes  men- 
tioned, and  shall  moreover  have  full  power  to  provide  for  the 
ascertainment  of  the  value  of  all  property  and  rights  of  prop- 
erty which  it  is  thus  authorized  to  acquire,  and  to  ascertain 
whether  any  and  wiiat  amount,  in  value,  of  damages  will  be 
caused  by  the  construction  of  the  aforesaid  works  of  improve- 
ment in  connection  with  Jones'  Falls,  or  any  of  them,  to  the 
owner  or  possessor  of  any  property,  or  rights  of  property,  within 
the  said  city,  for  which  the  owner  or  possessor  ought  to  be  com- 
pensated, and  to  ascertain  what  amount  of  benefits  will  be  caused 
by  the  construction  of  the  aforesaid  works  of  improvement,  or 
any  of  them,  to  the  owner  or  possessor  of  any  property  or  rights 
of  property,  for  which  said  owner  or  possessor  ought  to  pay  a 
compensation,  and  to  provide  for  assessing  or  levying,  either 
generally  on  the  whole  assessable  property  of  the  city,  or  especi- 
ally on  the  property  of  persons  benefited,  the  whole  or  any 
part  of  the  damages  and  expenses  which  it  sliall  be  ascertained 
will  be  incurred  in  constructing  such  works  in  connection  with 
the  improvement  of  Jones'  Falls,  as  it  has  determined  or  shall 
determi]ie  to  make.  To  provide  for  granting  appeals  to  Balti- 
more City  Court  from  the  decision  of  any  Commissioners,  or 
other  persons  appointed  by  virtue  of  any  ordinance,  to  ascertain 
the  value  of  the  property  which  the  city  may  wish  to  acquire  foi- 
the  purposes  aforesaid,  or  the  damages  which  will  be  caused, 
or  the  benefits  which  will  accrue,  by  the  construction  of  the 
aforesaid  works  of  improvement,  and  to  secure  to  every  owner 
or  possessor  of  any  property,  or  right  of  property,  which  it  may 
thus  purpose  to  acquire,  or  which  may  thus  be  decided  to  be 
damaged  or  benefited,  the  right  on  application  within  a  time  to 
be  prescribed  by  ordinance,  to  have  decided  by  a  jury  trial,  the 
true  value  of  the  property  proposed  to  be  acquired  for  the  ])ur- 
poses  aforesaid,  and  whether  any  and  what  damage  will  be 
caused,  or  any  and  what  benefits  will  accrue  to  the  owner  ni- 
possessor  of  the  property  so  assessed  for  damages  or  bcnclils 


20 

respectively,  and  to  provide  for  collecting  and  paying  over  the 
amount  of  compensation  adjudged  to  each  person  entitled,  or 
invest  it  in  the  stock  of  the  said  city,  for  the  use  of  the  person 
so  adjudged  to  be  entitled  to  the  same,  and  to  provide  for  col- 
lection, by  the  sale  of  the  property  assessed,  or  otherwise,  of  all 
sums  assessed  as  benefits  aforesaid,  and  generally  to  enact  and 
pass  all  ordinances,  from  time  to  time,  which  shall  be  deemed 
necessary  and  proper  to  exercise  the  powers  and  effect  the  objects 
for  the  exercise  and  accomplishment  of  which  this  paragraph  of 
this  section  is  passed.  To  define  and  locate  the  limits  of  J  ones' 
Falls  within  the  City  of  Baltimore,  and  to  acquire  by  purchase 
or  condemnation,  under  proceedings  for  which  provision  is  made 
in  this  Article,  the  absolute  and  exclusive  right  and  title  to 
all  the  land  and  rights  of  property  embraced  within  the  said 
limits,  and  in  the  ground  covered  by  all  streets  or  avenues  which 
it  may  lay  out  and  condemn  on  the  sides  of  the  stream,  and  it 
shall  have  an  estate  in  fee  simple  in  the  same.  It  shall  have 
power  and  is  authorized  to  construct  wharves  or  quays  along 
the  margin  of  said  stream,  or  use  the  said  streets  or  avenues  for 
wharf  or  quay  purposes,  and  collect  tolls  or  wharfage  from  all 
vessels  or  boats  using  the  same.  To  make  such  changes  in  the 
grades  of  the  streets  in  the  City  of  Baltimore  as  shall,  in  its 
judgment,  be  necessary  for  the  proper  construction  of  works 
connected  with  the  improvement  of  Jones'  Falls,  which  it  may 
determine  to  construct,  and  it  shall  not  be  necessary,  in  order  to 
make  such  changes  in  the  grades  of  streets,  to  obtain  the  consent 
of  any  of  the  proprietors  of  the  ground  fronting  on  said  streets, 
or  affected  by  such  changes.  To  make  such  provisions  as  it 
shall  deem  best  for  defraying  the  cost  of  grading  and  paving 
of  any  streets  or  avenues  which  it  may  lay  out  and  condemn 
along  the  margin  or  side  of  Jones'  Falls.  To  issue  bonds  to  an 
amount  not  exceeding  two  million  five  hundred  thousand  dollars, 
from  time  to  time,  as  the  same  may  be  required  in  the  course  of 
the  construction  of  the  works  connected  with  the  improvement 
of  Jones'  Falls,  for  the  construction  of  which  provision  is  made 
by  the  ordinance  of  the  Mayor  and  City  Council  of  Baltimore, 
entitled  ''An  ordinance  to  provide  for  the  improvement  of 
Jones'  Falls  within  the  limits  of  the  City  of  Baltimore,  and  to 
open  avenues  and  construct  sewers  on  the  borders  thereof,"  the 
said  bonds  to  be  issued  in  sums  of  not  less  than  one  hundred 
dollars  each,  redeemable  in  thirty  years,  and  bearing  interest 
at  6  per  cent,  per  annum,  payable  quarterly,  transferable  as 
other  city  bonds,  as  provided  in  sections  one  and  two  of  an 
ordinance  of  the  Mayor  and  City  Council  of  Baltimore,  entitled 


21 

"An  ordinance  to  authorize  the  issuing  of  bonds  of  the  City  of 
Baltimore,  for  the  purpose  of  providing  means  for  the  improve- 
ment of  Jones'  Falls,"  approved  January  31,  1870;  provided 
that  said  bonds  shall  not  be  issued  unless  the  last  mentioned 
ordinance  shall  be  approved  by  the  votes  of  a  majority  of  the 
legal  voters  of  the  said  city,  cast  at  the  time  and  places  provided 
for  in  the  last  mentioned  ordinance.  To  compel  any  indi- 
viduals, companies  or  bodies  politic,  owning  property  binding 
on  Jones'  Falls,  within  the  limits  of  the  city,  to  wall  up  such 
property,  so  far  as  the  same  may  bind  on  the  falls,  with  a  good 
and  sufficient  stone  wall,  to  such  height  as  in  its  judgment  the 
public  good  may  require,  and  to  have  the  same  backed  up  or 
filled  in  with  earth,  so  as  to  secure  the  same  and  the  adjacent 
property  from  danger  of  being  inundated  with  water ;  and  when- 
ever it  may  deem  necessary,  to  compel  individuals,  companies 
or  bodies  politic,  to  rebuild  or  repair,  in  a  good  and  sufficient 
manner,  any  stone  wall  owned  by  them  and  binding  on  Jones' 
Falls  within  the  limits  of  the  City  of  Baltimore;  and  should 
any  individuals,  companies  or  bodies  politic  neglect  or  refuse 
to  wall  up  Jones'  Falls,  rebuild  or  repair  any  such  wall  within 
the  limits  of  the  City  of  Baltimore,  when  required  so  to  do,  the 
said  city  may  cause  the  same  to  be  done,  and  it  is  authorized  and 
empowered  to  recover  the  cost  of  such  wall,  rebuilding  or  repair- 
ing, by  suit  at  law,  from  the  party  who  may  have  refused  or 
neglected  to  build,  rebuild  or  repair  such  wall ;  and  the  cost  of 
such  wall  shall  be  a  lien  on  the  property  so  walled  up  or  re- 
paired. 

M.  &  C.  C.  of  Baltimore  v.  Lefferraan,  4  Hill  425.  Merrick  v.  Mayor, 
4.S  M(l.  219.  Mayor,  etc.,  v.  MusRrave,  48  Md.  272.  GresK  v.  Mayor, 
56  Md.  256.     f^ee  Norwood  v.  Balder,  172  U.  S.  83. 

In  Lefferman's  case  above  cited,  it  was  held  that  Act  1S21,  ch.  2.52  on 
same  subject  was  unconstitutional,  because  it  imposed  the  whole  ex- 
pense of  a  public  improvement  on  the  individual  immediately  benefited. 

But  all  the  expense  of  constructing  sidewalks  may  be  imposed  on 
abutting  property. 

Hyattsville  v.  Smith.  105  Md.  318.  Bassett  v.  Ocean  City,  118  Md.  114. 
Chicago  V.  Janesville,  28  L.  R.  A.  (New  Series),  1125  and  notes. 

See  Act  1910,  ch.  110,  quoted  in  sees.  826p.,  S26q.,  826r.,  S2(;s.  and 
826t. 

(14)         LICENSES. 

p.  L.  L.,  (1860)  Art.  4,  sec.  27.    1878,  ch.  414.    1888,  ch.  495. 
P.  L.  L.,  (1888)   Art.  4,  sees.  654,  657,  658,  664. 
To  license,  tax  and  regulate  all  businesses,  trades,  axocal  ions 
or  professions.     To  license,  regulate,  ta.x  or  suppress  hawkers, 
peddlers,  brokers,  pawnbrokers,  intelligence  offices,  street  exhibi- 
tions or  fortune-tellers. 


22 

state  V.  Applegarth,  81  Md.  293.     Salfner  v.  State,  S4  Md.  ".01.     Gain- 
bridge  V.  AVater  Co.,  99  Md.  .501. 
See  cases  under  "Markets." 

(14a)         LIBRAEIES. 

1908,  ch.  144. 

The  Mayor  and  City  Council  of  Baltimore  is  authorized  and 
empowered  to  appropriate  and  pay  over  such  sum  or  sums,  as 
it  shall  from  time  to  time  deem  proper,  for  the  equipment,  main- 
tenance or  support  of  the  Enoch  Pratt  Free  Library  of  Balti- 
more City,  or  of  any  other  free  public  library  in  Baltimore  City, 
or  of  the  branches  of  the  Enoch  Pratt  Library  of  Baltimore 
City,  or  of  any  other  free  public  library  in  Baltimore  City,  pro- 
vided, that  the  title  or  ownership  of  the  property  of  every  such 
library  or  branch  is  vested  in  the  said  Mayor  and  City  Council 
of  Baltimore. 

(15)         MARKETS. 

P.  L.  L.,  (1860)  Art.  4,  sees.  631,  635,  638,  639,  640,  651.    P.  L.  L.,  (ISSS) 
Art.  4,  sees.  671,  675,  678,  679,  680,  691. 

To  erect,  regulate,  control  and  maintain  markets  and  stalls 
within  the  City  of  Baltimore,  and  to  regulate  and  control  the 
sale  of  all  goods,  wares,  merchandise  and  other  articles  therein. 
To  lease,  sell  or  dispose  of  any  stalls  or  stands  in  any  market, 
in  such  manner  and  upon  such  terms  as  it  may  think  proper. 
To  contract  for,  purchase,  lease  and  hold  to  it  and  its  successors, 
in  fee  simple,  or  for  a  term  of  years,  renewable  from  time  to 
time  forever,  any  lands,  tenements,  and  their  appurtenances  in 
the  vicinity  of  any  market  for  the  purpose  of  extending  same. 
To  condemn  any  land  or  other  property  or  any  interest  in  land 
or  other  property  for  market  purposes  in  the  mode  provided  in 
this  Article.  To  levy  and  collect  all  costs,  damages  and  expenses 
incurred  by  the  condemnation  proceedings  aforesaid.  The  clerks 
of  the  markets  shall  have  full  power  and  authority  to  seize  by 
distress  any  meats,  vegetables  or  other  articles  upon  any  stall 
or  stand  in  the  market-houses  of  the  City  of  Baltimore,  if  the 
person  or  persons  owning  such  stall  or  stand  shall  not  pay 
the  rent  due  thereon,  and  they  shall  also  collect  all  fines  and  for- 
feitures imposed  by  this  Article  or  ordinances  relating  to  mar- 
kets, and  account  for  the  same  to  the  Mayor  and  City  Council 
of  Baltimore.  To  levy  and  collect  all  the  costs,  damages  and 
expenses  awarded  in  any  condemnation  proceedings  provided  for 
in  this  Article,  for  the  extension  or  construction  of  any  market 
or  markets  in  the  City  of  Baltimore. 


23 

State  V.  Rowe,  72  Md.  548. 

Mayor  v.  Brannan,  14  Md.  227.  Hatch  v.  Prendergast,  15  Md.  251. 
Musgrave  v.  Staylor,  36  Md.  124.  Rose  v.  Mayor,  51  Md.  256.  Border 
State  Savings  Bank  v.  Wilcox,  63  Md.  525.  Green  v.  Western  Nat.  Bank, 
86  Md.  290.  Pfeflferling  v.  Balto.  City,  88  Md.  475.  Cambridge  v.  Water 
Co.,  99  Md.  503.    -See  Baltimore  City  Code  (1879),  page  622,  note. 

Market  Stalls.  The  right  to  lease  the  stalls  and  stands  in  any  market 
in  any  manner,  and  for  any  term  they  may  think  proper  is  an  exercise 
of  municipal  powers  not  in  express  terms,  nor  by  fair  or  reasonable  in- 
tendment, conferred  upon  the  Mayor  and  City  Coimcil  of  Baltimore  by 
sections  671  and  678  of  Article  4,  Code  Public  Local  Laws  (now 
sec.  6.  title  "General  Powers,"  sub-title  "Markets,"  of  the  City  Charter). 

M.  &  C.  C.  of  Balto.  V.  Grieves,  Daily  Record,  September  14,  1892. 

Since  new  Charter  giving  right  to  license,  tax  and  regulate  no  objec- 
tion to  license  or  tax  that  it  produces  more  money  than  needed  for  regu- 
lation. 

Meushaw  v.  State.  109  Md.  84.     City  v.  Wollman.  123  Md.  310. 

City  may  permit  part  of  the  street  to  be  used  for  market  stalls. 
State  V.  Burkett,  119  Md.  609. 

Right  to  use  and  occupy  a  market  stall  is  an  easement  which  may  be 
transferred  by  Bill  of  Sale. 

Goldberg  v.  Novichow,  113  Md.  29. 

City  has  power  to  regulate  the  charges  for  market  stalls.  Is  an  ad- 
ministrative and  not  a  legislative  function.  The  regulation  must  not 
impair  the  obligations  fixed  by  contract. 

Baltimore  v.  Wollman,  123  Md.  310. 

(15A)         MUNICIPAL  FERKT. 

1912,  ch.  32. 

To  establish,  own  and  operate  a  municipal  ferry  across  the 
northwest  branch  of  the  Patapsco  River  from  some  point  or 
points  on  the  north  side  thereof  to  some  point  or  points  on  the 
sonth  side  thereof,  and  to  acquire  for  that  purpose,  by  purchase, 
condemnation  or  otherwise  any  boats  or  ships,  landings  or  other 
property  that  may  be  necessary  for  that  purpose,  and  to  fix  the 
ferry  rates  or  charges  thereof. 

(IG)  PARKS. 

1862,  ch.  29.     P.  L.  L.,   (1888)  Art.  4,  sec.  705.     1896,  ch.  366. 

To  establish,  maintain,  control  and  regulate  parks  or  squares 
in  the  City  of  Baltimore,  for  the  recreation  and  benefit  of  its 
citizens.  The  resolution  of  the  Mayor  and  City  Council  of  Bal- 
timore, appointing  a  commission  in  relation  to  the  proposed 
public  parks,  approved  June  4,  1800,  and  the  ordinance  of  the 
Mayor  and  City  Council  of  Baltimore,  to  provide;  for  a  public 
park  or  parks,  approved  June  21,  18G0,  are  confirmed;  and  all 
acts  done,  or  which  may  hereafter  be  done,  by  the  said  Mayor 
and  City  Council  of  Baltimore,  or  the  ofiicers  of  said  city,  or  the 


24 

Park  Commission  acting  under  the  provisions  of  the  said  resolu- 
tion and  ordinance,  shall  have  the  same  effect  as  if  the  said 
jMayor  and  City  Council  of  Baltimore,  prior  to  the  passage  of 
said  resolution  and  ordinance,  had  been  expressly  empowered, 
by  Act  of  the  General  Assembly,  to  enact  a  resolution  and  ordi- 
nance in  the  precise  terms  of  said  resolution  and  ordinance,  and 
to  provide  for  carrying  the  same  into  effect.  All  the  rights, 
privileges  and  authority  heretofore  granted  by  ordinance,  to 
the  Park  Commission,  are  hereby  transferred  to  the  Board  of 
Park  Commissioners  as  constituted  in  this  Article.  The  Board 
of  Park  Commissioners  be  and  hereby  is  authorized  and  em- 
powered, upon  and  immediately  after  the  execution  and  de- 
livery, by  the  owners  thereof,  of  the  deed  hereinafter  referred 
to,  to  the  Mayor  and  City  Council  of  Baltimore,  to  assimie 
exclusive  jurisdiction  and  control  over  the  public  highway  known 
as  Green  Spring  Avenue  Road,  extending  from  the  north  en- 
trance of  Druid  Hill  Park,  through  parts  of  Baltimore  City  and 
parts  of  Baltimore  County,  to  the  Western  Run  bridge  in  Balti- 
more County,  with  full  power  in  said  Board  of  Park  Commis- 
sioners to  regulate  the  use  of  the  said  Green  Spring  Avenue 
Road  as  a  highway,  and  to  prescribe  the  hours  when  and  the 
manner  in  which  manure  carts,  hay  wagons  and  all  or  any  other 
description  of  vehicles  may  use  the  same,  and  to  prescribe  fines 
and  penalties  for  the  violation  of  such  regulations,  in  the  same 
manner  as  it  prescribes  fines  and  penalties  for  violations  of  the 
public  park  regulations.  The  owners  of  said  Green  Spring  Ave- 
nue Road  are  hereby  authorized  to  grant,  and  the  Mayor  and 
City  Council  of  Baltimore  are  hereby  authorized  to  accept  from 
said  owners,  a  good  and  sufficient  deed  for  the  bed  of  said  road, 
subject  to  the  rights  of  the  adjacent  property-holders  to  use  the 
same  as  a  highway.  Prom  and  immediately  after  the  acceptance 
by  the  Mayor  and  City  Council  of  Baltimore,  of  the  deeds  men- 
tioned above,  all  obligation  and  duty  upon  the  part  of  either  the 
owners  of  said  Green  Spring  Avenue  Road  or  of  the  public 
authorities  of  Baltimore  County,  to  keep  or  maintain  said  road 
in  repair,  shall  cease,  and  from  and  immediately  after  said  time, 
the  sole  obligation  to  keep  and  maintain  said  road-bed  in  repair, 
shall  rest  upon  the  Mayor  and  City  Council  of  Baltimore.  The 
Board  of  Park  Commissioners,  as  herein  provided  for,  sliall 
have  all  the  rights,  powers  and  authority  as  are  specifically  set 
forth  in  this  paragraph  of  this  section  and  elsewhere  in  this 
Article,  and  all  rights,  powers  and  authority  are  hereby  granted 
to  the  Mayor  and  City  Council  of  Baltimore  to  make  such  other 
and  further  rules  and  regulations  as  it  may  deem  proper  for 


25 

the  maintenance  of  all  parks  and  squares  within  the  City  of 
Baltimore  not  inconsistent  with  this  Article. 

Mayor  &  C.  C.  of  Baltimore,  v.  Reitz,  50  Md.  574.  Upshur  v.  Balti- 
more City.  94  Md.  778.  See  notes,  Baltimore  City  Code,  (1879  pp.  677- 
678  and  683). 

The  park  fuud  under  existing  laws  is  to  be  applied  to  park  purposes 
only  and  to  be  expended  and  distributed  for  such  purposes  by  the  Board 
of  Park  Commissioners. 

Baltimore  v.  Williams,   124  Md.  502. 

(17)  POLICE. 

To  appropriate  a  sum  of  money  annually  for  the  relief  of 
disabled  and  superannuated  members  of  the  police  force  of 
Baltimore  City,  and  for  the  relief  of  widows  and  children  of 
policemen  who  may  be  killed  in  the  discharge  of  duty. 

(18)         POLICE  POWER. 

P.  L.  L.,  (1860)  Art.  4,  sec.  32.  P.  L.  L.,  (1888)  Art.  4,  sec.  721. 
To  pass  ordinances  for  preserving  order,  and  securing  prop- 
erty and  persons  from  violence,  danger  and  destruction,  protect- 
ing the  public  and  city  property,  rights  and  privileges  from 
waste  or  encroachment,  and  for  promoting  the  great  interest  and 
insuring  the  good  government  of  the  city.  To  have  and  exercise 
within  the  limits  of  the  City  of  Baltimore  all  the  power  com- 
monly known  as  the  Police  Power  to  the  same  extent  as  the 
State  has  or  could  exercise  said  power  within  said  limits.  But 
no  ordinance  heretofore  passed,  or  that  shall  hereafter  be  passed 
by  the  Mayor  and  City  Council  of  Baltimore,  shall  hereafter 
conflict  or  interfere  with  the  powers  or  exercise  of  the  powers 
of  the  Board  of  Police  of  the  City  of  Baltimore,  heretofore 
created,  nor  shall  the  said  city,  or  any  officer  or  agent  of  the 
city,  or  of  the  Mayor  thereof,  in  any  manner  impede,  obstruct, 
hinder  or  interfere  with  the  said  Board  of  Police,  or  any  officer, 
agent  or  servant  thereof  or  thereunder. 

Mayor  cr  rcl.  v.  Police  Board.  15  Md.  4.55.  Shafer  v.  Muniina.  17 
Md.  :5:;i.  I'.oehm  v.  Baltiiuorc,  61  Md.  2.59.  State  v.  Mott.  61  Md.  297. 
Singer  v.  State.  72  Md.  467.  State  v.  Ro\v(\  72  Md.  551.  Trag(>s(>r  \-. 
Cray.  73  Md.  2.50.  L:ikf  Kolimd.  etc.  R.  R.  Co.  v.  Balto.,  77  Md.  352. 
Deems  v.  Mayor  &  ('.  (".  of  Halt  iiiiorc,  SO  Md.  17.3.  M.  &  C.  C.  of  Balto. 
V.  Turni»ike  Co..  80  Md.  .530,  545.  Cochrane  v.  Frostburg,  81  Md.  54,  05. 
Hagcrstown  v.  Wittmer.  86  Md.  293.  B.-ar  Creek  Co.  v.  Balto.  City.  87 
Md.  94.  Balto.  City  v.  Cowen.  88  Md.  447.  I'oole  v.  Falls  Road.  (^U: 
Co.,  88  Md.  .5.33.  Upshur  v.  T'.alto.,  94  Md.  751.  Bostock  v.  Saius.  95  Mil. 
414.  415.     Frostlmrg  v.  Ilitcliiiis,  99  Md.  627. 

City  may  regulate  height  of  buildings. 

Cochran  v.  Preston,  108  Md.  221.     Martin  v.  District,  205  U.  S.  1.39. 

Moving  pif'ttire  iii;icliii)es  may  be  regulated. 

State  V.  Loden,  117  Md.  .373. 


26 

City  must  pass  ordinance  to  prevent  nuisances  or  obstructions  in  the 
street,  but  is  not  responsible  for  tlie  failure  of  the  Police  Department 
to  enforce  them. 

Taxi  Cab  Company  v.  Baltimore,  118  Md.  359. 

Reasonable  segregation  Ordinance  not  interfering  with  vested  rights 
is  within  the  police  power. 

State  V.  Gurry,  121  Md.  535.    47  L.  R.  A.  New  Series,  1087. 

Statute  may  regulate  hours  of  labor  for  laborers  employed  by  con- 
tractors on  city  work. 

Sweeten  v.  State,  122  Md.  635.     Elkan  v.  State,  122  Md.  642. 

Regulations  concerning  removal  of  garbage  and  oflfal  are  valid  exercise 
of  the  police  power. 

Wm.  R.  Schultz  v.  State  of  Maryland,  112  Md.  211. 

Power  to  pass  ordinance  providing  additional  penalty  for  offense 
punishable  under  State  law.  Validity  of  ordinance  imposing  a  different 
penalty  for  sale  of  cocaine.  Invalidity  of  a  provision  for  forfeiture  of 
license  not  affecting  remainder  of  ordinance. 

Rossberg  v.  State,  111  Md.  394. 

Whatever  police  power  can  be  exercised  by  a  municipal  corporation 
over  the  rights  and  property  of  its  citizens  must  be  derived  from  the 
legislature;  it  must  be  expressed  by  grant  or  fair  and  reasonable 
intendment. 

United  Railways  Co.  v.  State  Roads  Commission,  123  Md.  561. 

(19)         PEDDLERS. 

1878,  ch.  414.     P.  L.  L.,   (1888)  Art.  4,  sec.  657.     1892,  ch.  90. 

The  Mayor  may  grant  permits,  upon  the  payment  of  the  snm 
of  seven  dollars  to  the  Comptroller,  to  such  number  of  poor  per- 
sons as  to  him  may  seem  proper,  to  peddle  within  the  limits  of 
the  City  of  Baltimore,  notions,  and  small  wares  without  a 
license;  provided,  that  the  stock  in  trade  of  such  peddler  shall 
not  exceed  twenty-five  dollars  in  value,  and  the  said  Mayor  at 
any  time  may  revoke  any  such  permit. 

Banks  v.  McCosker,  82  Md.  519. 

(20)         PUMPS,  FOUIsTTAINS  AND  SPRI:NGS. 

p.  L.  L.,   (1860)  Art.  4,  sec.  823.     P.  L.  L.,  (1888)  Art.  4,  sec.  936. 

To  erect  and  regulate  pumps,  fountains  and  springs,  in  the 
streets,  lanes  and  alleys  of  the  City  of  Baltimore. 

(21)         RAILROADS. 

P.  L.  L.,   (1860)  Art.  4,  sec.  856.     P.  L.  L.,   (1888)   Art.  4,  sec.  762. 

1894,  ch.  210. 

On  application  or  assent,  in  writing,  of  the  owners  of  the 
major  part  in  extent  of  the  front  feet  of  the  lots  fronting  on  each 
side  of  any  street,  or  part  of  street,  to  pass,  subject  to  the  pro- 
visions and  requirements  of  sections  37  and  85  of  this  Article, 


27 

such  ordinances  as  shall  be  necessary  for  the  construction  of  any 
track  or  railway  of  a  steam  railroad  on  and  along  such  street; 
to  permit  and  cause  such  alteration  in  the  grade  of  such  street 
as  may  be  necessary  for  the  more  convenient  and  viseful  con- 
struction of  such  railway ;  and  may  levy  and  assess  on  all  lots 
fronting  on  such  street,  or  part  of  street,  or  on  the  owners  of 
such  lots,  their  just  proportion  of  the  expense  of  such  construc- 
tion, and  enforce  payment  thereof ;  provided,  notice  be  given  to 
such  owners  before  said  assessment  is  made,  with  the  right  to  a 
hearing  as  to  the  propriety  of  the  same,  and  the  further  right  of 
a  jury  trial  by  appeal  to  the  Baltimore  City  Court,  and  the 
proprietor  of  any  lot  in  front  of  which  any  such  railway  shall  be 
so  constructed,  and  the  just  proportion  of  which  shall  be  paid 
by  him,  shall  be  entitled,  at  his  own  expense,  to  have  a  con- 
venient siding  or  turn-out  made,  to  enable  him  to  have  the  bene- 
ficial use  of  such  railway.  The  city  may,  whenever  the  public 
interests  require,  revoke  the  privilege  granted  to  such  railroad 
to  use  said  street  or  part  of  a  street,  upon  the  payment  to  such 
railroad  of  the  actual  cost  of  construction  of  said  railway  tracks, 
and  upon  such  revocation  and  pa^Tiient  aforesaid,  the  said  rail- 
road shall  remove  all  its  tracks  from  said  street.  To  require 
street  passenger  railways  to  provide  proper  fenders  to  their  cars 
for  the  protection  of  human  life  and  to  lessen  the  danger  thereto 
arising  from  collisions  with  such  cars,  and  to  enforce  said  re- 
quirements by  such  fines  and  penalties  as  may  be  prescribed  by 
ordinance.    To  regulate  the  use  of  the  streets  by  street  railways. 

N.  C.  R.  R.  Co.  V.  Mayor,  21  Md.  93.  N.  C.  Ry.  Co.  v.  M.  &  C.  C.  of 
Balto.,  46  Md.  425.  Hodges  v.  Balto.  P.  Ry.  Co.,  5S  Md.  603.  N.  Balto. 
R.  R.  Co.  V.  N.  Avenue  R.  R.  Co.,  75  Md.  233.  N.  Balto.  Pass.  R.  R.  Co.  v. 
Baltimore,  75  Md.  247.  Pake  Rol.  El.  R.  R.  Co.  v.  Baltimore,  77  Md.  ,352, 
384.  Lake  Roland,  etc.  Co.  v.  Webster,  SI  Md.  529.  Park  Tax  Case. 
84  Md.  1.  Poole  v.  Falls  Itoad  Ry.  Co.,  88  Md.  536,  538.  United  Rys.  & 
Elec.  Co.  V.  Hayes,  92  Md.  490. 

As  to  general  law  limitation  to  right  of  railroads  to  pass  through  the 
City  of  Baltimore. 

W.  M.  Tidewater  R.  R.  Co.  v.  Leonard,  Daily  Record,  June  15,  1903. 

A  street  railway-has  no  paramount  right  to  own  Its  own  (racks  and  a 
grant  of  the  right  to  lay  such  tracks  is  subject  to  the  paramount  right 
of  the  city  to  interfere  with  the  same. 

City  &  Suburban  Ry.  Co.  v.  Brush  Elec.  Co.,  Daily  Record,  De- 
cember 20,  1895. 

In  coiiiipctions  with  powers  under  this  sul)-title,  sec  aluo, 

O'Brien  v.  Balto.  BcU  R.  R.,  74  Md.  .374.  (!hes.  &  I'ol.  Tel.  Co.  v. 
McKenzie,  74  Md.  48.  Koch  v.  N.  Av.  R.  R.  Co..  75  M<1.  222.  Balto. 
City  V.  P,'alt(».  Trust  &  Cnar.  Co..  16(i  U.  S.  67::.  Crccii  v.  City  &  Su- 
burinm  Ry.  Co.,  7S  Md.  294.  (ianctt  v.  Lake  Hoi.  El.  K.  R.  Co..  79 
Md.  277.     Birch  v.  Lake  Rol.  El.  R.  R.  Co.,  S3  Md.  3(;9.     I>ake   Uol.   K\. 


28 

R.  R.  Co.  V.  Hibernian  Society,  S3  Md.  420.  Hooper  v.  Balto.  City 
Pass.  Ry.  Co.,  85  Md.  509.  Baltimore  v.  Cowen,  88  Md.  454.  Central 
Ry.  Co.  V.  P.  W.  &  B.  R.  R.,  95  Md.  439. 

(22)         SCHOOLS. 

1S72,  ch.  377.  1884,  ch.  2.  P.  L.  L.,  (1888)  Art.  4,  sees.  776,  778,  779. 
To  establish  in  the  City  of  Baltimore,  in  conformity  with 
the  provisions  of  this  Article,  a  system  of  free  public  schools, 
which  shall  include  a  school  or  schools  for  manual  or  industrial 
training.  To  pass  all  ordinances  for  the  protection  of  school 
houses  and  property,  and  to  punish  any  person  that  may  disturb 
the  sessions  of  the  public  schools.  To  levy  and  collect,  upon 
the  assessable  property  in  the  City  of  Baltimore  as  other  taxes 
are  levied  and  collected,  such  amount  of  taxes  as  may  be  neces- 
sary to  defray  all  expenses  incurred  for  educational  purposes. 

School  Commissioners  v.  Board  of  Education,  26  Md.  505.  St.  Mary's 
Industrial  School  v.  Brown,  45  Md.  310.  M.  &  C.  C.  of  Balto.  v.  Weath- 
erby,  52  Md.  442.  Hooper  v.  New,  85  Md.  565.  Clark  v.  Md.  Institute, 
87  Md.  643.     Baltimore  City  v.  Lyman,  92  Md.  591. 

Compare  with  provisions  of  Code  P.  G.  L.,  Art.  77,  sections  116-119. 

(23)         SEWERS. 

P.  L.  L.,  (1860)  Art.  4,  sec.  835.     1868,  ch.  181.    P.  L.  L.,   (ISSS)  Art.  4, 
sees.  792  and  794.     1906,  ch.  144. 

To  provide  for  construction,  opening,  enlarging  or  straighten- 
ing, subject  to  the  provisions  herein  contained  as  to  the  Board 
of  Public  Improvements  and  Board  of  Estimates,  any  sewer  or 
drain,  public  or  private,  through  any  private  property.  To  pave 
and  keep  in  repair,  subject  to  the  provisions  herein  contained 
as  to  the  Board  of  Public  Improvements  and  Board  of  Estimates, 
all  necessary  sewers  and  drains  and  to  pass  all  regulations  neces- 
sary for  the  preservation  of  the  same,  and  to  authorize  any  per- 
son appointed  by  it  or  by  the  Commissioner  of  Health  or  by  the 
City  Engineer,  as  hereinafter  provided,  for  that  purpose,  to 
enter  upon  the  lands,  grounds  or  possessions  of  any  person  or 
body  politic,  through  which  the  common  sewers  or  private  sewers 
or  drains  run  or  may  run,  to  examine,  inspect,  regulate,  make 
or  repair  the  same,  such  person,  when  not  otherwise  appointed 
by  it  to  be  appointed  by  the  Commissioner  of  Health,  if  the 
sewer  or  drain  be  a  private  sewer  or  drain,  though  connected 
with  a  public  sewer,  so  far  as  said  private  sewer  or  drain  shall 
be  upon  private  property,  and  to  be  appointed  by  the  City  Engi- 
neer for  all  other  sewers  or  drains;  and  in  the  case  of  private 
sewers  or  drains,  the  regulations,  making  or  repairino;  of  the 
same  to  be  at  the  expense  of  the  owners  of  the  property,  real 


29 

or  leasehold,  served  by  said  sewers  or  drains,  and  with  power 
also  to  make  any  and  all  costs  and  expenses  incurred  in  or  about 
the  regulation,  making  or  repairing  of  private  sewers  or  drains 
a  lien  upon  the  interests  of  the  owners  in  the  real  or  leasehold 
property  served  by  said  sewers  or  drains,  with  power  also  to  pro- 
vide for  the  enforcement  of  such  liens  by  sale  of  the  property 
whether  real  or  leasehold ;  to  condemn  any  land  or  interest  in 
land  in  the  mode  provided  in  this  Article  for  the  use  of  the 
Mayor  and  City  Council  of  Baltimore  in  the  construction  of  any 
sewers  or  sewerage  system ;  to  inspect  and  regulate  house  drain- 
age and  sewerage  connections,  and  to  prescribe  the  kind  and 
quality  of  material  to  be  used  for  such  purposes.  But  all  work 
done  in  making,  repairing  or  altering  within  private  property, 
that  is,  not  in  any  public  street,  public  lane,  public  alley  or  public 
property,  any  private  sewer  or  drain  or  waste  or  ventilating  pipe 
connecting  with  a  sewer,  either  public  or  private,  shall  be  done 
under  the  supervision  of  the  Inspector  of  Plumbing  of  said  city 
under  the  direction  of  the  Commissioner  of  Health  and  under  a 
permit  fi-om  the  Commissioner  of  Health  or  his  authorized 
assistant,  to  be  issued  only  to  any  person  duly  qualified  to  do 
such  work  under  said  Article  4  of  the  Public  Local  Laws  of 
Maryland,  said  permit  to  be  issued  in  accordance  with  any 
ordinances  now  existing  or  which  may  hereafter  be  passed  by 
the  Mayor  and  City  Council  of  Baltimore  not  in  conflict  here- 
with, or  in  accordance  with  any  rules  which  may  be  adopted  by 
said  Commissioner  of  Health  not  in  conflict  herewith  or  with 
such  ordinances.  No  other  permit  from  any  other  officer  what- 
ever shall  be  required  for  said  work  and  no  charge  shall  be 
made  by  the  Commissioner  of  Health  for  said  permit  or  for  in- 
specting the  work  done  thereunder.  ISTo  charge  shall  be  made 
by  the  City  Engineer  or  any  other  officer  for  inspecting  any 
work  in  the  public  streets,  public  lanes  or  public  alleys  of  said 
city  done  in  connection  with  private  sewers  or  house  drains. 

Kirhy  v.  Citizens  Ry.  Co.,  48  Md.  1G8.  Kranz  v.  Mayor,  G4  Md.  491. 
Ilitoliiiis  V.  FrostbuPK,  G8  Md.  108.  Chesapeake  &  rotomac  Tel.  Co.  v. 
MoKenzie,  74  Md.  48.  Baltimore  City  v.  Schnitker,  84  Md.  4.3.  Balti- 
more City  V.  Covven,  88  Md.  447.     Cahill  v.  Baltimore  City,  93  Md.  233. 

See  aluo,  Short  v.  B.  P.  C.  Ry.  Co.,  00  Md.  73.  P.,  W.  &  B.  R.  R.  Co. 
V.  Davis.  08  Md.  281.  Frostburg  v.  Duffy,  70  Md.  47.  Ilitchiiis  v. 
FrosthnrK,  70  Md.  .'^7.  Lion  v.  B.  C.  P.  Ry.  Co..  90  Md.  20(;.  Guest  v. 
('onuiiissionors    Cliurfli    Hill.    00    Md.    089. 

City  not  liable  for  failure  to  make  improvements  rcconuiieiided  by 
its  officers.  Evidence  admissible  to  prove  whether  a  sewer  is  of 
siiflicH'iit  capacity  to  carry  ofT  water  in  seasons  of  ordinary  rainfall. 
City  not  compelled  to  grade,  pave  and  place  gutters  so  as  to  prevent 
property  being  flooded  by  water  when  private  i)artles  change  the 
configuration  of  adjacent  land  not  lielonging  to  the  city. 
Kurrle  v.  M.  &  C.  C.  113  Md.  0.3. 


30 

A  plaintiff  cannot  recover  otherwise  than  according  to  the  allegations 
of  his  declaration,  and  a  prayer  based  on  other  facts  is  improper.  Negli- 
gence. Recovery  cannot  be  had  upon  testimony  as  to  conditions  appear- 
ing sixteen  months  later,  In  the  absence  of  all  testimony  as  to  how 
the  work  had  been  done. 

Baltimore  v.  Stalfort,  123  Md.  269. 

(24)       SQUAKES,  SPKIN'GS  AiND  MONUMEITTS. 

1892,  ch.  349. 
P.  L.  L.,  (1888)  Art.  4,  sees.  799D,  799E,  799F. 

To  establish,  regulate  and  control  all  squares,  springs  and 
monuments  erected  or  constructed  within  the  City  of  Baltimore, 
and  to  provide  for  the  maintenance  of  same.  To  provide  by 
ordinance  for  the  purchase  or  condemnation  of  all  that  land 
lying  in  the  City  of  Baltimore  between  the  lines  of  Dolphin 
street  on  the  north,  Biddle  street  on  the  south,  Jordan  Alley  on 
the  east,  and  Morris  Alley  on  the  west,  or  so  much  thereof  as 
may  be  necessary,  upon  a  proper  survey,  to  extend  the  line  of 
parking  known  as  Eutaw  Square  from  Dolphin  street  to  Biddle 
street,  and  the  driveways  on  each  side  thereof;  and  to  provide 
for  the  assessing  and  levying  on  the  whole  assessable  property  of 
the  said  city,  or  on  the  property  of  persons  thereby  benefited, 
the  whole  or  any  part  of  the  damages  and  expenses  which  may 
be  incurred  in  acquiring  said  land,  and  in  locating  and  laying 
out  the  said  line  of  square ;  and  to  provide  for  the  granting 
of  appeals  to  the  Baltimore  City  Court,  from  the  decisions  of 
the  Commissioners  for  Opening  Streets  or  any  Commissioners, 
or  other  persons,  appointed  by  authority  of  any  ordinance  to 
ascertain  the  damages  which  will  be  caused  or  the  benefits  which 
will  accrue  to  the  owners  or  possessors  of  ground,  or  improve- 
ments in  acquiring  said  land,  and  in  locating,  laying  out  and 
extending  said  square  from  Dolphin  street  to  Biddle  street,  and 
for  securing  to  every_  such  owner  and  possessor  the  right,  on 
application  within  a  reasonable  time,  to  have  decided  by  a 
Jury  trial,  whether  any  damage  has  been  caused,  or  any  benefit 
has  accrued  to  them  and  to  what  amount ;  and  to  provide  for  col- 
lecting and  paying  over  the  amount  of  compensation  adjudged 
to  each  person  entitled,  or  investing  it  in  stock  of  said  city,  for 
the  use  of  any  such  persons  who,  because  of  their  infancy, 
absence  from  the  city,  or  any  other  cause,  may  be  prevented 
from  receiving  it,  before  any  part  of  the  land  lying  within  tlie 
said  lines  shall  be  taken.  Before  the  said  city  shall  pass  any 
ordinance  under  the  above  provisions,  at  least  sixty  days'  notice 
shall  be  given  of  any  application  for  the  passage  of  such  ordi- 
nance, in  at  least  two  daily  papers  in  said  city ;  and  before  the 


31 

Commissioners  for  Opening  Streets  or  any  Commissioner  or 
Commissioners  appointed  by  any  ordinance  under  the  above 
provisions  shall  proceed  to  the  performance  of  his  or  their  dnty, 
he  or  they  shall  give  notice  in  at  least  two  of  the  daily  news- 
papers in  the  City  of  Baltimore,  of  the  object  of  the  ordinance 
under  which  he  or  they  propose  to  act,  at  least  thirty  days  before 
the  time  of  their  first  meeting  to  execute  the  same. 

(25)         STOCKS,  LOAXS  AIS^D  FIISTANCE. 

p.  L.  L.,  (1860)  Art.  4,  sec.  867.    1861,  ch.  75.    1876,  ch.  167.    18S0.  ch.  94. 
P.  L.  L.,   (1888)  Art.  4,  sees.  801,  804. 

To  levy  upon  the  assessable  property  within  the  city,  and 
collect  by  tax  any  sum  which  may  be  necessary  to  pay  and  dis- 
charge the  principal  and  interest  of  any  loan  which  may  hereto- 
fore have  been  obtained,  or  which  may  hereafter  be  obtained  by 
said  city  according  to  law.    It  shall  create  a  sinking  fund  to  meet 
the  liabilities  thus  incurred,  and  may  also  levy  upon  the  assessa- 
ble property   of  the   City   of  Baltimore,   from  time  to  time, 
such  sums  as  may  be  necessary  to  provide  therefor,  and  for  the 
payment  of  the  principal  and  interest  of  the  liabilities  to  be 
incurred  under  this  section,  and  may  pass  all  ordinances  neces- 
sary to  carry  out  the  purpose  of  the  same.     Whenever  the  Com- 
missioners of  Finance  shall  be  authorized  by  the  city  to  invest 
moneys  belonging  to  the  sinking  fund  of  said  city,  in  annuities 
or  ground  rents,  reserved  out  of  the  lands  leased  to  the  city  and 
payable  by  the  said  city,  the  said  Commissioners  may  purchase 
such  rents  or  annuities  and  reversions  of  such  lands;  and  the 
conveyances  thereof  taken  may  be  made  to  the  Mayor  and  City 
Council  of  Baltimore,  in  trust  for  the  benefit  and  purpose  of 
the  said  sinking  fund ;  and  in  every  such  case,  such  conveyances 
shall  not  work  a  merger  of  the  lease  or  term,  but,  until  otherwise 
provided  by  law,  the  rent  shall  continue  to  be  payable  to  the 
city  as  if  such  purchase  had  not  been  made,  but  shall  be  re- 
ceived and  applied  by  the  Commissioners  of  Finance  as  the 
income  of  other  investments  of  the  sinlcing  fund  may  be  applied. 
Whenever  and  as  often  as  it  may  be  necessary  hereafter  to  issue 
cfrtificates  of  indebt(>dness  or  city  stock  or  bonds  of  the  City  of 
Baltimore,  either  for  loans  of  the  said  city,  already  created 
and   authorized   by   law,   but   not   yet   negotiated   and    issued, 
or  for  loans  which  may  be  hereafter  created   and  authorized 
to  ])e  issued  as  aforesaid,  provision  may  be  made,  in  the  dis- 
cretion   of    the    city    for    the    payment    of    any    taxes    wliich 
the  holders  of  said  certificates  or  bonds  may  be  legaliv  li;iMe; 
provided,  however,  that  the  rate  of  interest  payable  on  said  loan 


32 

shall  not  exceed  the  rate  of  five  pei*  cent,  per  annum ;  and  pro- 
vided, further,  that  nothing  herein  contained  shall  prevent  the 
said  city  from  negotiating  said  loans,  or  any  part  thereof, 
already  authorized  by  law,  but  not  yet  actually  issued,  or  which 
may  be  hereafter  created  and  authorized  by  law,  at  a  lower  rate 
of  interest  than  five  per  cent,  per  annum,  whenever  it  may 
appear  to  the  said  city  practicable  and  advisable  to  do  so. 

Baltimore  v.  Gill,  31  Md.  375. 

(26)         STREETS,  BRIDGES  AND  HIGHWAYS. 

(a)  Opening,  Extending,  Widening,  Straightening  or  clos- 
ing up  Streets. 

1817,  ch.  148.    1832,  ch.  57.    1833,  ch.  182.    1838,  ch.  226.    P.  L.  L.,  (1860^ 
Art.  4,  sec.  837.    187S,  ch.  143.    P.  L.  L..  (1888)  Art. 
4,  sees.  806,  8061/2.     1894,  ch.  312. 

To  provide  for  laying  out,  opening,  extending,  widening, 
straightening  or  closing  up,  in  whole  or  in  part,  any  street, 
square,  lane  or  alley  within  the  bounds  of  said  city,  which  in 
its  opinion  the  public  welfare  or  convenience  may  require.  To 
provide  for  ascertaining  whether  any,  and  what  amount  in 
value,  of  damage  will  be  caused  thereby,  and  what  amount  of 
benefit  will  thereby  accrue  to  the  owner  or  possessor  of  any 
ground  or  improvements  within  or  adjacent  to  said  city,  for 
which  said  owner  or  possessor  ought  to  be  compensated,  or  ought 
to  pay  a  compensation,  and  to  provide  for  assessing  or  levying, 
either  generally  on  the  whole  assessable  property  of  said  city, 
or  specially  on  the  property  of  persons  benefited,  the  whole 
or  any  part  of  the  damages  and  expenses  which  it  shall  ascertain 
will  be  incurred  in  locating,  opening,  extending,  widening, 
straightening  or  closing  up  the  whole  or  any  part  of  any  street, 
square,  lane  or  alley  in  said  city.  To  provide  for  granting 
appeals  to  the  Baltimore  City  Court,  from  the  decisions  of  the 
Commissioners  for  Opening  Streets  or  any  Commissioner  or 
Commissioners,  or  other  persons  appointed  by  virtue  of  any 
ordinance,  to  ascertain  the  damage  which  will  be  caused  or  the 
benefit  which  will  accrue  to  the  owners  or  possessors  of  ground 
or  improvements  by  locating,  opening,  extending,  widening, 
straightening  or  closing  up,  in  whole  or  in  part,  any  street. 
square,  lane  or  alley  within  the  said  city,  and  for-  securing  to 
every  such  owner  or  possessor  the  right,  on  application  within  a 
reasonable  time,  to  have  decided  by  a  jury  trial  whether  any 
damage  has  been  caused,  or  any  benefit  has  accrued  to  them,  and 
to  what  amount.  To  provide  for  collecting  and  paying  over  the 
amount  of  compensation  adjudged  to  each  person  entitled,  or 


33 

investing  it  in  stock  of  the  said  city,  for  the  use  of  any  such 
person  who,  because  of  infancy,  absence  from  the  city  or  any 
other  cause,  may  be  prevented  from  receiving  it,  before  any 
street,  square,  lane  or  alley,  in  whole  or  in  part,  shall  be  so 
opened,  extended,  widened,  straightened  or  closed  up,  and  to 
enact  and  pass  all  ordinances,  from  time  to  time,  which  shall 
be  deemed  necessary  and  proper  to  exercise  the  powers  and 
effect  the  objects  above  specified.  To  acquire  the  fee  simple 
interest  in  any  land  for  the  purpose  of  opening,  extending, 
widening  or  straightening,  in  whole  or  in  part,  any  street,  square, 
lane  or  alley  in  Baltimore  City.  To  provide  by  ordinance  for  the 
collection  of  rent  or  revenue,  which  may  or  can  be  derived  or 
collected  from  the  occupiers,  tenants,  or  by  whatever  term  they 
may  be  called,  for  the  use  and  occupation  by  them,  of  all  build- 
ing or  buildings,  or  other  property  which  the  city  pays  for,  to 
the  o-s\Tiers  thereof,  in  all  cases  of  street  openings,  straightenings, 
closings  or  widenings,  or  in  any  case  of  condemnation  for  any 
piirpose  whatever,  said  rent  to  be  paid  by  said  tenants  or  occu- 
piers of  said  building  or  buildings,  or  other  property,  to  the  city 
authorities,  from  the  date  of  payment  for  the  same  by  the  city 
to  the  o^vners  thereof,  or  from  the  date  of  the  tender  of  such 
payment,  if  for  any  cause  said  owners  refuse  or  cannot  lawfully 
accept  the  same,  until  said  building  or  buildings  are  removed, 
and  until  said  property  shall  be  required  by  the  city  for  its 
purposes,  under  the  condemnation  proceedings. 

Alexander  v.  Mayor.  &c.,  5  Gill  3S3.  Methodist  Prot  Ch.  v.  Mayor, 
&e.,  6  Gill  391.  Ricbardson  v.  Mayor,  8  Gill  433.  White  v.  Flannigan, 
1  Md.  .542.  Moale  v.  Mayor,  &c..  5  Md.  321.  Steuart  v.  :\Iayor,  &c., 
7  Md.  500.  Mayor  v.  Porter,  18  Md.  284.  State  v.  Graves,  10  Md.  351. 
Steuart  v.  State,  20  Md.  97.  Douglass  v.  Boonsboro  Turup.  Co..  22  Md. 
219.  Mayor,  &c.  v.  P.ouldiu,  23  Md.  328.  Mayor,  &c.  v.  Clunet,  23 
Md.  449.  '  Hawley  v.  Mayor,  &c.,  33  Md.  280.  Page  v.  Mayor.  &c.,  34 
Md.  558.  Hazelhurst  v.  Mayor,  37  Md.  199.  Mayor  v.  Grand  Lodge, 
44  Md.  436.  Norris  v.  Mayor,  &c.,  44  Md.  598.  McCormick  v.  Mayor, 
&c.,  45  Md.  527.  Dashiell  v.  Mayor,  45  Md.  016,  625,  620.  Northern 
Central  R.  R.  Co.  v.  Mayor,  &c.,  46  Md.  425.  Brooks  v.  Mayor.  &c., 
48  Md.  265.  Mayor,  &c.  v.  St.  Agnes  Hospital  of  Balto.,  48  Md.  419. 
Mayor,  &c.  v.  Reitz,  50  Md.  574.  Hall  v.  Mayor.  &('.,  56  Md.  194. 
Mayor,  &c.  v.  Black,  50  Md.  .333.  State  ex  rel.  Henderson  v.  Taylor,  59 
Md.  .341.  Mayor.  &r'.  v.  nof)k.  02  Md.  371.  Central  Savings  Bank  v. 
Mayor,  &c.,  71  Md.  515.  Zion  Church  v.  Mayor,  71  Md.  524.  Frioden- 
wald  V.  Baltimore.  74  Md.  123.  Van  Witzen  v.  Gutman,  79  Md.  412, 
Balto.  V.  Ulman,  79  Md.  480.  M.  &  C  C.  of  Balto.  v.  Smith.  80  Md. 
400.  M.  &  C.  C.  of  Balto.  v.  Frick.  82  Md.  80.  I'.altiiiiore  v.  Coates.  85 
Md.  .531.  Balto.  City  v.  Bronrael,  80  Md.  159.  Baltimore  City  v.  Cowen. 
88  Md.  4.50.  Bemhe  v.  Anno  Arundel  Co.,  94  Md.  220.  Riggs  v.  Win- 
terode,    100   Md.   447. 

The  city  is  not  compelled  to  accept  any  dedicated  street.     Until  ac- 
cepted such  streets  remain  private  property. 

(3) 


34 

Brady  v.  Balto.  Belt  R.  R.,  Daily  Record,  November  26,  1894. 

The  doctrine  of  adverse  possession  applies  to  the  case  of  property 
dedicated  to  public  use  for  a  highway  vs^ithin  the  territorial  limits  of  a 
municipal  corporation.  A  municipal  corporation  may  be  held  to  be  es- 
topped from  setting  up  a  claim  to  a  public  highway. 

Bing  V.  Mayor  &  C.  C.  of  Baltimore,  Daily  Record,  April  3,  1889. 

In  relation  to  opening,  widening,  straightening,  etc.,  streets,  see, 

Binney's  Case,  2  Bland,  129.  Graff  v.  Mayor  &  C.  C.  of  Baltimore, 
10  Md.  544.  Merrick  v.  Mayor,  43  Md.  219.  Black  v.  Mayor,  &c.,  50 
Md.  235.  Tinges  v.  Mayor,  &c.,  51  Md.  600.  Hiss  v.  Balto.  &  Hampden 
Pass.  Railway  Co.,  52  Md.  242.  McMurray  v.  Mayor,  &c.,  54  Md.  103. 
Hodges  V.  Balto.  Union  Pass.  Railway  Co.,  58  Md.  603.  Co.  Commrs. 
of  Balto  Co.  V.  Md.  Hospital,  62  Md.  127.  Mayor,  &c.,  v.  White,  62  Md. 
362.  Glenn  v.  Mayor,  67  Md.  390.  Hitchins  v.  Frostburg,  68  Md.  100. 
P.,  W.  &  B.  R.  R.  V.  Shipley,  72  Md.  93.  Pitts  v.  Baltimore,  73  Md.  326. 
Friedenwald  v.  Shipley,  74  Md.  220.  Heaver  v.  Lanahan,  74  Md.  498. 
Burk  V.  Mayor  &  C.  C.  of  Balto.,  77  Md.  471.  Gluck  v.  Baltimore,  81 
Md.  315.  Baltimore  City  v.  Fear,  82  Md.  246.  Baldwin  v.  Trimble.  85 
Md.  397.  Flersheim  v.  Mayor,  85  Md.  493.  Valentine  v.  Hagerstown, 
86  Md.  488.  Clendenin  v.  Md.  Construction  Co.,  86  Md.  80.  Baltimore 
City  V.  N.  C.  Ry.  Co.,  88  Md.  427.  Ogle  v.  Cumberland,  90  Md.  62. 
Gardiner  v.  Baltimore  City,  96  Md.  361.    Jenkins  v.  Riggs,  100  Md.  438. 

Widening  of  Light  Street. — Rights  to  build  out  in  the  Harbor. 
Baltimore  City  v.  Steamboat  Company,  104  Md.  485. 

Chester  Street  dedicated. 

Canton  Company  v.  City,  104  Md.  582. 

Private  alleys  not  exempt  from  taxation. 

Hill  V.  Williams,  104  Md.  595. 

Bridges  over  Falls  and  Railroads  are  parts  of  streets. 

Northern  Central  Railway  v.  United  Railways  and  Electric  Company, 
105  Md.  340. 

Dedication  may  be  nullified  by  non-user  by  public  coupled  with  adverse 
occupation. 

Canton  Co.  v.  City,  106  Md.  69. 

As  to  evidence  of  dedication. 

Baltimore  v.  Yost,  121  Md.  366. 

Reference  in  deed  held  for  purpose  of  location,  and  not  dedication, 
under  facts  of  case. 

Bloede  v.  Baltimore,  115  Md.  594. 

Improvements  of  the  highways  within  Baltimore  City  by  the  State 
Roads  Commission  and  the  right  to  compel  railway  company  to  remove 
its  tracks  at  its  own  cost. 

United  Railways  Company  v.  State  Roads  Commission,  123  Md.  561. 

A  dedication  of  a  street  to  become  irrevocable  must  be  accepted. 
Baltimore  v.  Canton  Co.,  124  Md.  620. 

(b)     Grade  Lines  of  Streets. 
1874,  ch.  218.    P.  L.  L.,  (1888)  Art.  4,  see.  809.     1888,  ch.  285. 
To  provide  by  general  or  special  ordinance  for  the  establish- 
ment, and  change  from  time  to  time,  of  the  grade  lines  of  any 
street,  lane  or  alley,  or  part  thereof,  located  or  laid  out  upon 
the  plan  of  said  city. 


35 

Dashiell  v.  Mayor,  &c..  45  Md.  616.  Cumberland  v.  Willson,  50  Md. 
147.  148.  Kelley  v.  Mayor,  &c.,  65  Md.  175.  O'Brien  v.  Balto.  Belt  R. 
R.,  74  Md.  373.  Baltimore  City  v.  Cowen,  88  Md.  447,  458.  Guest  v. 
Church  Hill,  90  Md.  693. 

(c)     Grading,  Paving,  Cuebing,  Etc.,  Steeets. 

(Special  Ordinance.) 

1874,  ch.  218.  P.  L.  L.,  (1888)  Art.  4,  sec.  810.  1892,  ch.  219. 
To  provide  hj  ordinance  for  grading,  shelling,  graveling,  pav- 
ing and  curbing,  or  for  the  regrading,  reshelling,  regraveling, 
repaving  and  recurbing  of  any  street,  lane  or  alley  in  said  city, 
or  part  thereof,  now  condemned,  ceded,  opened  as  a  public  high- 
way, or  which  may  hereafter  be  condemned,  ceded,  opened, 
widened,  straightened  or  altered  according  to  the  laws  and 
ordinances  regulating  the  same,  and  also  for  assessing  the  cost 
of  any  such  work,  in  whole  or  in  part,  upon  the  property  binding 
upon  such  street,  lane  or  alley,  or  part  thereof,  according  to 
such  rule  or  basis  as  it  may  determine,  and  for  collecting  said 
assessments  as  other  city  taxes  are  collected  or  in  such  manner 
as  it  may  prescribe,  either  before  or  after  the  work  shall  have 
been  done,  provided  that  before  the  passage  by  either  Branch 
of  the  City  Council  of  any  ordinance  requiring  the  whole  or  any 
portion  of  the  costs  to  be  assessed  upon  the  property  ten  days' 
notice  shall  be  given  in  at  least  two  of  the  daily  newspapers  in 
said  city,  and  an  opportunity  shall  be  afforded  to  all  persons 
interested  therein  to  appear  and  be  heard  before  some  appro- 
priate committee  of  the  Council,  and  it  may  also  provide  for 
appeals  to  the  Baltimore  City  Court  from  the  decisions  of  the 
Commissioners  for  Opening  Streets  or  any  Commissioner  or 
Commissioners,  or  other  person  or  persons  appointed  to  deter- 
mine the  amount  of  assessment  to  be  made  upon  any  property 
under  any  such  ordinance;  and  in  the  trial  of  such  appeal  the 
practice  shall  conform  as  near  as  may  be  to  the  practice  in  the 
trials  of  street  appeals,  including  the  right  of  appeal  to  the 
Court  of  Appeals. 

Mayor,  &e.,  v.  Moore.  6  H.  &  J.  375.  Mayor,  &c.  v.  Hushes.  1  G.  &  .7. 
480.  Esehbach  v.  Pitts,  6  Md.  71.  Mayor.  &c.  v.  Groenmount  Coniotery, 
7  Md.  517.  Henderson  v.  Mayor,  8  Md.  3.52.  Mayor,  &o.  v.  Porter,  IS  Md. 
284.  N.  C.  Ry.  Co.  v.  Baltimore.  21  Md.  105.  Mayor,  &c.  v.  Horn.  20 
Md.  194.  Baito.  &  Pot.  R.  R.  Co.  v.  Reany,  42  Md.  118.  Dashiell  v. 
Mayor,  45  Md.  610.  Burns  v.  Mayor.  48  Md.  198.  Mayor,  &c.  v.  Scharf, 
54  Md.  499.  Mayor,  &(•.  v.  .Tohns  Hopkins.  50  Md.  1.  Gould  v.  Mayor, 
58  Md.  40.  Gould  v.  M.  &  C.  C.  of  Baltimore.  .59  Md.  378.  Moale  v.  Mayor, 
&c.,  01  Md.  224.  Mayor,  &o.  v.  Hanson,  01  Md.  402.  Mayor.  &c.  v.  .John- 
son. 02  Md.  225.  Mayor.  &<:  v.  Hook.  02  Md.  371.  All)(>rf,'or  v.  Mayor, 
64  Md.  1.     Kelley  v.  Mayor.  05  Md.  171.     Baltimore  v.  Raymo,  OS  Md. 


36 

569.  Ulman  v.  Mayor,  72  Md.  591,  609.  Baltimore  v.  Ulman,  165  U.  S. 
719.  O'Brien  v.  Balto.  Belt  R.  R.,  74  Md.  273.  Baltimore  v.  Ulman,  79 
Md.  469.  Balto.  v.  Cowen,  88  Md.  457.  Guest  v.  Church  Hill,  90  Md.  693. 
Balto.  City  v.  Stewart,  92  Md.  535,  551.  Cahill  v.  Baltimore  City,  93  Md. 
233.  Kent  County  v.  Godwin,  98  Md.  84.  Frostburg  v.  Wineland,  98  Md. 
243. 

For  further  decisions  relating  to  grading,  paving  and  curbing,  see, — 

Clements  v.  Mayor,  &c.  of  Baltimore,  16  Md.  208.  Mayor,  &c.  v. 
Harwood,  32  Md.  471.  Peddicord  v.  Balto.,  Catonsville,  &c.,  Co.,  34  Md. 
463.  Cumberland  v.  Willson,  50  Md.  138.  Hitchins  v.  Frostburg,  68 
Md.  100.  C.  &  P.  Tel.  Co.  v.  McKenzie,  74  Md.  48.  M.  &  C.  C.  of  Balto. 
V.  Turnpike  Co.,  80  Md.  536.  Smyrk  v.  Sharp,  82  Md.  97.  Hagerstown 
V.  Startzman,  93  Md.  609.  DeLawder  v.  Balto.  County,  94  Md.  1.  Offutt 
V.  Montgomery  Co.,  94  Md.  115. 

The  ten  days'  notice  of  the  passage  of  an  ordinance  authorizing  paving 
prescribed  by  Act  of  1892,  ch.  219  (now  sec.  6  of  Charter)  must  be 
given  or  a  Court  of  Equity  will  intervene. 

Bond  v.  Malster,  Daily  Record,  July  6,  1899. 

As  to  degree  of  care  city  must  exercise  in  keeping  the  streets  in  repair, 
see, 

Baltimore  City  v.  Lobe,  90  Md.  314. 

Liability  of  municipal  corporations  for  defects  in  streets — Negligence 
— ^Notice — Defects  not  apparent  on  surface. 

Sweeten  v.  Baltimore,  123  Md.  88. 

A  plaintiff  cannot  recover  otherwise  than  according  to  the  allega- 
tions of  his  Declaration,  and  a  prayer  based  on  other  facts  is  improper — 
Negligence — Recovery  cannot  be  had  upon  testimony  as  to  conditions 
appearing  sixteen  mouths  later,  in  the  absence  of  all  testimony  as  to 
how  the  work  had  been  done. 

Baltimore  v.  Stalfort,  123  Md.  269. 

■  

(d)     Grading,  Paving,  Curbing,  Etc.,  Streets. 

(General  Ordinance,  Application  of  Owners.) 

1874,  ch.  218.     P.  L.  L.,    (1888)    Art.  4,   sec.  811. 

To  provide  by  general  ordinance,  subject  to  provisions  and 
requirements  of  section  85  of  this  Article,  for  the  grading,  grav- 
eling, shelling,  paving  or  curbing,  or  for  the  regrading,  regravel- 
ing,  reshelling,  repaving  or  recurbing  of  any  street,  lane  or 
alley,  or  part  thereof,  in  said  city,  without  the  passage  of  a  spe- 
cial ordinance  in  the  particular  case,  whenever  the  owners  of  a 
majority  of  the  front  feet  of  property  binding  on  such  street, 
lane  or  alley,  or  part  thereof,  shall  apply  for  the  same,  upon 
terms  and  under  conditions  to  be  prescribed  in  the  same  general 
ordinance,  and  for  the  assessment  in  any  such  case  of  the  cost 
of  such  work,  in  whole  or  in  part,  pro  rata,  upon  all  the  property 
binding  upon  such  street,  lane  or  alley,  or  part  thereof,  and  for 
the  collection  of  such  assessment  as  other  city  taxes  are  collected. 


37 

Henderson  v.  Mayor,  8  Md.  352.  Holland  v.  Mayor,  11  Md.  186. 
Bouldin  v.  Mayor,  15  Md.  IS.  Mayor,  &e.  v.  Eschbach,  18  Md.  270. 
Mayor  v.  Porter,  18  Md.  284.  Howard  v.  First  Ind.  Church,  18  Md.  451. 
Mayor,  &c.  v.  Bouldin.  23  Md.  328.  Mayor,  &c.  v.  Horn,  26  Md.  195. 
Lester  v.  Mayor,  29  Md.  419.  Dashiell  v.  Mayor,  45  Md.  624.  Burns 
V.  Mayor,  48  Md.  200.  Wolff  v.  M.  &  C.  C.  of  Baltimore,  49  Md.  446. 
Mayor,  &c.  v.  Johns  Hopkins  Hospital,  56  Md.  1.  Moale  v.  Baltimore, 
61  Md.  237.    Mayor,  &c.  v.  Boyd,  64  Md.  10. 

(e)      Levy  of  Tax  to  Pay  Unpaid  Assessments  for 

Grading,  Paving,  etc. 

1892,  ch.  284.    P.  L.  L.,  (1888)  Art.  4,  sec.  811  A. 

In  any  and  all  cases  where  any  street,  lane  or  alley,  or  any 
part  thereof,  in  the  city,  has  been  graded,  paved  or  curbed,  or 
regraded,  repaved  or  recurbed,  under  any  ordinance  which  pro- 
vided for  assessing  the  whole  or  any  portion  of  the  cost  of  such 
improvement  upon  the  property  binding  upon  such  street,  lane 
or  alley,  or  part  thereof,  and  such  assessments,  or  any  part 
thereof,  remain  unpaid,  it  shall  be  lawful  for  the  city  to  provide 
by  ordinance  for  the  levy  and  collection  in  such  manner  as  it 
may  deem  proper,  of  a  tax  upon  all  the  property  binding  on  any 
street,  lane  or  alley,  or  part  thereof,  which  may  have  been  so 
improved,  to  the  extent  that  such  property  shall  have  been  spe- 
cially benefited  by  such  improvement,  provided,  that  no  property 
upon  w^hich  the  assessment  originally  made  for  its  share  of  the 
cost  of  such  improvement  shall  have  been  paid,  shall  be  again 
assessed,  and  that  reasonable  notice  and  an  opportunity  to  be 
heard  shall  be  given  to  all  persons  interested  before  the  final 
ascertainment  of  the  amount  of  tax  to  be  paid  by  any  such  prop- 
erty, and  the  said  city  shall  provide  for  appeals  to  the  Baltimore 
City  Court  by  any  person  or  persons  interested,  inchuling  the 
city  itself  from  the  decision  of  the  Commissioners  for  Opening 
Streets,  or  any  Commissioner  or  Commissioners  or  other  per- 
sons appointed  to  determine  the  amount  or  amounts  of  such  spe- 
cial taxes  or  assessments;  and  in  the  trial  of  such  appeals  the 
practice  shall  conform  as  near  as  may  be  to  the  practice  in  the 
trial  of  street  appeals,  including  the  right  of  appeal  to  the  Court 
of  Appeals. 

Baltimore  v.  Ulman,  79  Md.  480.  Ulman  v.  Baltimore,  165  U.  S.  719. 
Balto.  V.  Stewart,  92  Md.  535.    Leser  v.  Wagner,  119  Md.  671. 

(f)     Footways. 
P.  L.  L.,  (1860)  Art.  4,  sec.  852.    P.  L.  L.,  (1888)  Art.  4,  sec.  816. 
To  pass  all  ordinances  necessary  for  grading,  regulating,  pav- 
ing and  repairing  the  footways  in  the  streets,  lanes  and  alloys 


210657 


38 

of  the  city,  and  impose  a  tax  on  any  lot  fronting  on  any  paved 
street,  lane  or  alley,  for  the  purpose  of  grading,  regulating,  pav- 
ing or  repairing  footways  in  front  thereof,  or  compel  by  fine  or 
otherwise  the  owner  or  proprietor  of  any  lot  to  pave  or  repair  the 
footways  in  front  thereof,  agreeable  to  the  ordinances  to  be 
passed  by  it. 

Bassett  v.  Ocean  City,  118  Md.  114.    State  v.  Kent  County,  83  Md.  379. 

(g)     Regulating  use  of  Street, 
obstructions  and  encroachments. 

To  regulate  the  use  of  streets,  highways,  roads,  public  places 
and  sidewalks  by  foot  passengers,  animals,  vehicles,  cars,  motors 
and  locomotives,  and  prevent  encroachment  thereon  and  obstruc- 
tion of  the  same. 

C.  &  P.  Tel.  Co.  V.  Baltimore  City,  89  Md.  705.  Hagerstown  v.  Klotz, 
93  Md.  440.  Townsend.  Grace  &  Co.  v.  Epstein,  93  Md.  537.  Baltimore 
City  V.  Beck,  96  Md.  190.  B.  &  O.  R.  R.  Co.  v.  Balto.  City,  98  Md.  536. 
Knight  V.  Balto.  City,  97  Md.  649.  Balto.  City  v.  Walker,  98  Md.  640. 
Brauer  v.  Refrigerator  Co.,  99  Md.  376. 

As  to  widening  of  sidewalks  by  city,  see,  Klein  v.  U.  Rys.  &  Elec.  Co., 
Daily  Record,  January  4,  1906. 

For  decisions  arising  out  of  the  exercise  and  construction  of  powers 
under  paragraph  (G),  see. 

Mayor  &  C.  C.  of  Balto.  v.  Marriott,  9  Md.  160.  Roman  v.  Strauss, 
10  Md.  89.  Mayor,  &c.,  Balto.  v.  Pennington,  15  Md.  12.  Altvater  v. 
Mayor,  31  Md.  462.  Houck  v.  Wachter,  34  Md.  265.  Peddicord's  Case, 
34  Md.  463.  Mayor,  &e.  v.  Holmes,  39  Md.  243.  Flynn  v.  Canton  Co., 
40  Md.  312.  Mayor,  &c.,  Balto.  v.  O'Donnell,  53  Md.  110.  Turner  v. 
Holman,  54  Md.  148.  Gore  v.  Brubaker,  55  Md.  87.  Canal  Co.  v.  County 
Commrs.,  57  Md.  201.  Textor  v.  B.  &  O.  R.  R.  Co.,  59  Md.  63  Sinclair 
Y.  Baltimore,  59  Md.  598.    Crook  v.  Pitcher,  61  Md.  510. 

Thomas  v.  Ford,  63  Md.  346.  Taylor  v.  Cumberland,  64  Md.  68. 
Garrett  v.  Janes,  65  Md.  260.  Kennedy  v.  Cumberland,  65  Md.  514. 
C.  &  P.  Tel.  Co.  V.  McKenzie,  74  Md.  49.  50.  Koch  v.  N.  Ave.  Ry.  Co., 
75  Md.  229.  N.  Balto.  R.  R.  Co.  v.  N.  Ave.  R.  R.  Co.,  75  Md.  233.  N. 
Balto.  R.  R.  Co.  v.  Baltimore,  75  Md.  247.  Twilley  v.  Perkins,  77  Md. 
262.  Lake  Rol.  El.  R.  R.  Co.  v.  Balto.,  77  Md.  372-381.  Green  v.  City 
&  Sub.  Ry.  Co.,  78  Md.  307.  Condon  v.  Sprigg,  78  Md.  337.  Garrett 
V.  Lake  Rol.  Elv.  R.  R.  Co.,  79  Md.  277.  Postal  Telg.  Cable  Co.  v. 
Baltimore,  79  Md.  512.  Cochrane  v.  Frostburg,  81  Md.  54.  Ulman  v. 
Charles  St.  Ave.  Co.,  83  Md.  145.  Baldwin  v.  Trimble,  85  Md.  396. 
Gunther  v.  Dranbauer,  86  Md.  1.  Reidel  v.  P.,  W.  &  B.  R.  R.  Co..  87 
Md.  158.  Worcester  Co.  v.  Ryckman,  91  Md.  37.  Mason  v.  Cumber- 
land, 92  Md.  462.  Keen  v.  Havre  de  Grace,  93  Md.  34.  Magaha  v. 
Hagerstown,  95  Md.  69.    New  Windsor  v.  Stocksdale,  95  Md.  215. 

Turnpike  road  partly  in  Baltimore  City  owned  by  private  corpora- 
tion and  streets  owned  by  individuals  but  used  by  the  public  as  high- 
ways are  streets  and  highways  of  Baltimore  City  within  the  meaning 
of  this  Section. 

The  Patapsco  Electric  Co.  v.  M.  &  C.  C,  110  Md.  310. 


39 

City  liable  for  negligence  of  its  contractor  digging  sewer  under  its 
supervision,  evidence  showing  negligence — pleading. 
Hanrahan  v.  City,  114  Md.  517. 
Regulating  use  of  streets — liability — obstruction — defect,  street — city 
liable — obstruction  on  sidewalk  left  by  its  contractor  over  whom  it  re- 
tains supervision— contributory  negligence,  plaintiff — not  guilty — lights. 
McCarthy  v.  Clark,  115  Md.  454. 
Obstruction — railroad  track- — public  sti'eet — cutting  off  access— abutt- 
ing owner — proof  extent  of  injury ;  dimunition  in  market  value. 
Webb  v.  B.  &  O.  R.  R.  Co.,  114  Md.  216. 

(h)     Opening  of  Street  Surface. 

To  regulate  the  opening  of  street  surface,  for  the  purposes 
authorized  by  law  or  ordinance. 

In  relation  to  opening  street  surface,  see,  State  v.  Latrobe,  81  Md. 
233.  Edison  Co.  v.  Hooper,  85  Md.  111.  C.  &  P.  Telephone  Co.  v. 
Balto.  City,  89  Md.  689.  Balto.  City  v.  Balto.  Co.  W.  &  E.  Co.,  95 
Md.  239. 

(i)     ITuMBERiNG  Houses. 

To  regulate  the  numbering  of  houses,  lots,  streets  and  avenues, 
and  the  naming  of  streets,  avenues  and  public  places. 

(j)     Regulating  Use  of  Sidewalks  and  Streets 
BY  Signs,  Poles,  Wires,  Trees,  etc. 

1912,  ch.  32. 

To  regulate  the  use  of  streets  and  sidewalks  for  use  of  tele- 
graph posts,  trolley  poles,  electric  light  poles,  telegraph  wires, 
electric  light  wires  and  for  any  and  all  other  purposes,  and  to 
prohibit  the  erection  of  any  posts,  poles  or  wires  and  to  compel 
the  removal  of  any  posts,  poles  or  wires  in,  over  or  above  any 
street,  sidewalk  or  highway ;  and  to  regulate  the  planting,  trim- 
ming or  destroying  of  trees  in  or  upon  any  street,  sidewalk  or 
public  highway. 

Ches.  &  Pot.  Tel  Co.  v.  McKenzio,  74  Md.  47.  Postal  Telg.  Cable  Co.  v. 
Baltimore,  79  Md.  512.  Balto.  City  v.  Walker,  98  Md.  637.  Brauer  v. 
Refrigerating  Co.,  99  Md.  512. 

'J'lio  Act  1900,  chapter  152  and  the  Act  1904,  chapter  016.  ro-onncting 
section  8  of  the  Charter,  l)y  their  terms  necessarily  modify  the  general 
power  of  the  Mayor  and  City  Council  of  Baltimore  in  relation  to  signs, 
sign  posts,  awnings,  awning  posts  and  horse  troughs  where  construction 
or  erection  of  same  obstructs  sidewalk.  Sub-division  "J"  of  section  6, 
supra,  has  been  modified  accordingly. 

City  may  not  arbitrarily  or  unreasonably  destro.v  shade  trees,  but 
where  their  destruction  is  necessary  to  a  street  improvement,  no  liability. 
Easton  v.  Turner,  117  Md.  111. 


40 

A  provision  similar  to  above  held  to  be  a  reasonable  grant  of  power. 
A  prohibition  of  awning  poles,  obstructions,  &c.,  on  certain  streets  or  in 
a  certain  district,  although  permitted  in  other  sections  of  the  city,  is 
not  invalid  on  the  ground  that  it  discriminates  or  is  arbitrary. 
Etchison  v.  Frederick  City,  123  Md.  283. 

(k)      Cleaning  and  Lighting  Streets. 

p.  L.  L.,  (I860)  Art.  4,  sec.  862.     P.  L.  L.,   (1888)  Art.  4,  sec.  819. 

To  clean  the  streets  and  remove  the  dirt  and  filth  therefrom, 
and  to  prohibit  and  punish  by  ordinance,  the  placing  of  any 
dirt,  filth  or  other  matter  therein,  and  to  protect  any  pavement 
by  prohibiting  the  travel  thereon.  To  erect  lamps  in  any  of  the 
streets,  lanes  or  alleys  of  said  city,  and  cause  the  same  to  be 
lighted  at  the  expense  of  the  city. 

Baltimore  City  v.  Beck,  96  Md.  183.  See,  also.  Am.  Lighting  Co.  v. 
McCuen,  92  Md.  705. 

(l)     Use  of  Streets  by  Tracks,  Poles  and  Wires. 
p.  L.  L.,  (1888)  Art.  4,  sec.  819a.    1890,  ch.  370.    1914,  ch.  859. 

To  regulate  the  use  of  streets,  lanes  or  alleys  in  said  city,  by 
railway  or  other  tracks,  gas  or  other  pipes,  telegraph,  telephone, 
electric  light  or  other  wires  and  poles,  in,  under,  over  or  upon 
the  same,  and  to  require  all  such  wires  to  be  placed  under 
ground  after  such  reasonable  notice  as  it  may  prescribe.  To 
determine  the  character  of  the  foundation  to  be  used  under  and 
around  the  railway  ties,  and,  in  any  case  where  a  street  is  being 
paved  by  the  Paving  Commission  or  other  public  agency  and 
the  character  of  the  foundation  is  not  determined  by  ordinance, 
the  same  shall  be  determined  by  the  Paving  Commission  "or  other 
public  agency  doing  such  paving,  and  full  power  to  do  so  is 
hereby  given.  It  shall  be  the  duty  of  every  railroad  or  street 
railway  corporation  occupying  with  its  tracks  any  portion  of 
the  public  highways  of  Baltimore  City  to  put  in  the  character 
of  foundation  determined  upon  in  pursuance  of  this  provision. 

Ches.  &  Pot.  Tel.  Co.  v.  McKenzie,  74  Md.  47-48.  Koch  v.  North  Ave. 
Ry.  Co.,  75  Md.  222-229.  N.  Balto.  Pass.  Ry.  Co.  v.  N.  Ave.  Ry  Co.,  75 
Md.  233.  N.  Balto.  Pass.  Ry.  Co.  v.  Mayor,  &c,  Balto.,  75  Md.  247.  Lake 
Rol.  R.  R.  Co.  v.  Baltimore,  77  Md.  380-381.  Garrett  v.  Lake  Rol.  El. 
R.  R.  Co.,  79  Md  286.  Postal  Tel.  Cable  Co.  v.  Balto.,  79  Md.  511.  Edi- 
son Co.  V.  Hooper,  85  Md.  111.  Hooper  v.  Balto.  City  Pass.  Ry.  Co.,  85 
Md.  509.  Poole  v.  Falls  Rd.  Ry.  Co.,  88  Md.  533.  C.  &  P.  Tel.  Co.  v. 
Balto.  City,  89  Md.  705.  C.  &  P.  Tel.  Co.  v.  Balto.  City,  90  Md.  638. 
Baltimore  v.  C.  &  P.  Tel.  Co.,  92  Md.  692.  Balto.  v.  Balto.  Co.  W.  &  Elec. 
Co.,  95  Md.  239.  Purnell  v.  McLane,  98  Md,  594.  Simon's  Sons  v.  Md. 
Tel.  &  Telg.  Co.,  99  Md.  173. 

Rule  laid  down  as  to  extent  of  city's  right  to  regulate  erection  of 
poles  in  the  streets.  City  &  Suburban  Railway  Company  v.  Brush  Elec- 
tric Co.,  Daily  Record,  December  20,  1895. 


41 

When  action  at  law  is  only  remedy  for  injuries  to  abutting  property 
by  the  erection  of  a  pole.  Polenk  v.  Md.  Telephone  Company,  Daily 
Record,  June  13,  1901. 

For  further  decisions  relating  to  use  of  streets  by  tracks,  poles  and 
wires,  see, 

N.  C.  Ry.  Co.  V.  M.  &  C.  C.  of  Balto.,  46  Md.  423.  Kirby  v.  Citizens 
Ry.  Co.,  48  Md.  168.  Hiss  v.  Balto.  &  H.  Ry.  Co.,  52  Md.  242.  Hodges 
V.  B.  C.  P.  Ry.  Co.,  58  Md.  603.  Canton  Co.  v.  B.  &  O.  R.  R.  Co.,  79 
Md.  432,  State  ex  rel  v.  Latrobe,  81  Md.  222.  Birch  v.  Lake  Rol.  El. 
R.  R.  Co.,  83  Md.  369.  United  Rys.  Co.  v.  Hayes,  92  Md.  490.  Lona- 
coning  v.  Consol.  Coal  Co.,  95  Md.  635.     B.  &  O.  R.  R.  Co.  v.  Baltimore, 

98  Md.  536.    Consol.  Gas  Co.  v.  Balto.  Co.,  98  Md.  696. 

(m)      Conduits,  Electrical  Commission  and  Kentals 

OF  Conduits. 

1892,  ch.  200.    P.  L.  L.,  (1888)  Ai't.  4,  sec.  S19B. 

To  provide  a  series  of  conduits  under  the  streets,  lanes  and 
alleys  of  said  city,  or  any  part  or  parts  thereof,  for  the  use  of  tel- 
ephone, telegraph,  electric  light  and  other  wires,  either  by  con- 
structing said  conduits  itself  or  authorizing  their  construction 
by  such  person  or  corporation,  upon  such  terms  as  may  be 
agreed  upon.  To  appoint  an  Electrical  Commission,  with  such 
powers  and  duties  as  it  may  deem  proper  or  appropriate  for 
carrying  out  the  aforesaid  provisions  of  this  section  relating 
to  conduits.  To  require  all  such  wires,  or  any  part  or  parts 
thereof,  and  the  poles  carrying  the  same,  to  be  removed  from  the 
surface  of  the  streets,  lanes  or  alleys  of  said  city,  or  any  part 
or  parts  thereof,  and  to  require  such  wires  to  be  placed  in  such 
conduits,  all  under  such  penalty  as  it  may  prescribe.  To  pre- 
scribe and  establish  reasonable  rentals  to  be  paid  by  any  com- 
pany or  person  using  any  of  said  conduits,  by  whomsoever  the 
same  may  be  constructed,  for  the  use  thereof,  and  to  provide 
for  the  collection  of  such  rentals,  in  addition  to  the  ordinary 
processes  by  such  summary  methods  as  it  may  deem  appropriate ; 
provided,  however,  that  nothing  contained  in  this  Article  shall  be 
deemed  or  taken  to  modify  or  change,  in  any  manner,  the  provi- 
sions of  Ordinance  Xumber  Forty-one,  of  the  Mayor  and  (.^ity 
Council  of  Baltimore,  approved  May  9,  1889,  or  the  rights  and 
privileges  granted  thereby  to  the  companies  therein  named  or 
either  of  them. 

Hor)i)or  v.  City  I'ass.  Ry.  Co.,  85  Md.  110.     C.  &  P.  Tel.  Co.  v.  Balti- 

rnore,  S9  Md.  689.     C.  &  1'.  Tel.  Co.  v.  Baltimore,  90  Md.  038.     C.  &  P. 

^Tel.   Co.   V.   Baltimore,   92   Md.   692.     Purnell   v.   McLane,   98  Md.   590. 

Of.,  Edison  Co.  v.  Hooper,  85  Md.  110.     Simon's  Sons  v.  Md.  Tel.  Co., 

99  Md.  173. 


42 

(n)     Bkidges  and  Turnpike  Koads. 

1824,  ch.  105.     P.  L.  L.,  (1860)  Art.  4,  sec.  857.    P.  L.  L.,  (1888)  Art.  4, 

sec.  818. 

To  purchase,  with  the  County  Commissioners  of  any  adjoin- 
ing or  neighboring  counties  of  said  city,  all  bridges  and  turn- 
pikes roads,  or  any  portions  thereof,  leading  toward  said  city, 
at  such  times  and  upon  such  terms  as  it  and  said  County  Com- 
missioners on  the  one  part,  and  the  owner  of  such  bridges  and 
highways  on  the  other,  may  mutually  agree,  and  when  so  pur- 
chased all  or  any  of  them  shall  thereafter  be  free  public  high- 
ways, and  as  such  under  the  care  and  management  of  said  city 
and  said  County  Commissioners,  as  they  may  respectively 
provide  and  stipulate  as  between  them. 

Hooper  v.  President,  B.  &  Y.  Turnpike  Road,  34  Md.  521.  Balto.  & 
Havre  de  Grace  Turnpike  Co.  v.  Union  Ry.  Co.,  35  Md.  224.  Peddi- 
cord  V.  B.  C.  &  E.  M.  R.  R.  Co.,  34  Md.  463.  M.  &  C.  C.  of  Baltimore 
V.  Turnpike  Co.,  80  Md.  541.  See  Frusli  v.  Mayor,  City  Court,  Oct.  15, 
1874,  decision  of  Brown,  C.  J. 

(o)        Cathedral   Cemetery. 
Kepealed  by  Act  of  1912,  chapter  429. 

(p)      Light  Street  Bridge. 
1886,  ch.  24.     P.  L.  L.,   (1888)  Art.  4,  sec.  823. 

With  the  County  Commissioners  of  Anne  Arundel  County, 
to  cause  to  be  erected  and  maintained  at  their  joint  expense 
lamps  along  and  on  Light  Street  Bridge,  not  more  than  seventy- 
five  yards  apart ;  provided,  that  there  shall  be  at  least  one  lamp 
at  each  end  of  the  draw  of  said  bridge,  and  the  said  lamps  shall 
be  attended  to,  cleaned,  lighted  at  night  and  extinguished  in 
the  morning  by  the  keeper  of  said  bridge. 

Pumplirey  v.  Mayor,  47  Md.  145.     Mayor,  &c.  v.  Stoll,  52  Md.  435. 

See  note  pages  364-365  City  Code  (1879). 

See  Act  1914,  ch.  267. 

(q)      Distributing  Poles  and  Other  Similar  Structures. 

1908,  ch.  168. 

To  erect  and  construct  through  the  Electrical  Commission, 
in  connection  with  the  underground  conduits  now  in  course  of 
construction  by  said  Commission,  distributing  poles  or  other 
similar  structures ;  and  to  compel  and  regulate  the  use  of  said 
poles  or  other  similar  structures  by  individuals  and  corporations 
to  the  same  extent  as  the  Mayor  and  City  Council  of  Baltimore 


43 

can  now  compel  and  regulate  the  use  of  underground  conduits 
by  individuals  or  corporations. 

(27)  SUKVEYOR. 

p.  L.  L.,  (1860)  Art.  4,  sec.  865.     P.  L.  L.,   (1888)  Art.  4,  sec.  825. 

To  prescribe  by  ordinance  the  duties  and  compensation  of 
the  City  Surveyor. 

(28)  TAXES. 

(a)     Annual   Levy. 

1874  eh.  180.     P.  L.  L.,   (1888)  Art.  4,  sec.  827. 

To  levy  annually  upon  the  assessable  property  of  the  city,  by 
direct  tax,  with  full  power  to  provide  by  ordinance  for  collection 
.of  the  same,  such  sum  of  money  as  may  be  necessary,  in  its 
judgment,  for  the  j^^^i'pose  of  defraying  the  expenses  of  said 
city  over  and  exclusive  of  all  expenses,  charges  and  sums  of 
money  which  it  is,  or  shall  be  required  bv  law  to  collect  for  other 
purposes  subject  to  the  provisions  and  limitations  herein  con- 
tained. 

St.  Mary's  Industrial  School  v.  Brown,  45  Md.  329-333.  Hopkins  v. 
Van  Wyck,  80  Md.  17.  Casualty  Ins.  Co.'s  Case,  82  Md.  561-564.  Cf., 
Insurance  Co.  v.  Mayor,  &c.,  23  Md.  296.  Watts  v.  Port  Deposit,  46 
Md.  500-505.  Mayor,  &c.  v.  Johnson,  62  Md.  225.  Hebb  v.  Moore,  66 
Md.  167.  B.  C.  &  A.  R.  R.  Co.  v.  Wicomico  Co.,  93  Md.  124.  Water  Co. 
V.  Westminster,  98  Md.  551. 

(b)      Peoperty  Taxable. 

1865,  ch,  119.    P.  L.  L.,  (1888)  Art.  4,  sec.  828. 

To  lev}^  and  collect  taxes  upon  every  description  of  property 
found  within  the  corporate  limits  of  said  city,  which  it  is  now 
authorized  by  law  to  levy  taxes  upon,  for  the  purpose  of  defray- 
ing the  expenses  of  the  municipal  government,  whether  the 
owners  thereof  reside  within  or  without  the  limits  of  said 
corporation;  provided  that  no  stocks,  bonds,  mortgages,  certifi- 
cates or  other  evidences  of  indebtedness  of  any  bank  or  other 
corporation  situate  within  the  limits  of  said  city,  which  are 
OAvned  or  liold  by  persons  residing  witbout  said  limits,  shall  be 
subject  to  taxation  for  the  purpose  above  set  forth  ;  and  provided 
further  than  no  authority  is  given  by  this  section  to  impose  taxes 
on  any  property  which  is  now  or  may  hereafter  be  exempted  from 
taxation  by  any  general  or  special  Act  of  the  General  Assembly 
of  ^Marvlaiul,  nor  upon  any  ])V()pcM-ty  wliicli  may  bo  stored  or 
deposited  in  the  City  of  Baltimore  for  temporary  purposes. 


44 

M.  &  C.  C.  of  Balto.  V.  B.  &  O.  R.  R.  Co.,  6  Gill  294.  Latrobe  v. 
Mayor,  19  Md.  13.  Mayor  v.  Sterling,  29  Md.  48.  The  Appeal  Tax 
Court  Cases  in  50  Md.  Gunther  v.  Baltimore,  45  Md.  457.  Union,  &e., 
Co.  V.  Mayor,  71  Md.  405.  Hopkins  v.  Baker,  78  Md.  363.  Postal  Tel. 
Cable  Co.  v.  Balto,,  79  Md.  502.  Park  Tax  Case.  84  Md.  1.  Textor  v. 
Shipley,  86  Md.  442.  Corry  v.  Baltimore,  96  Md.  322.  Balto.  City  v. 
Johnson.  96  Md.  738.  Dry  Dock  Co.  v.  Baltimore,  97  Md.  103.  Con- 
solidated Gas  Co.  V.  Baltimore,  101  Md.  541. 

For  additional  decisions  bearing  upon  the  construction  of  this  sec- 
tion, see, 

Mayor,  &c.  v.  Chase,  2  G.  &  J.  376.  Dallam  et  al.  v.  Oliver's  Exrs., 
3  Gill  445.  Mayor  v.  State,  15  Md.  376.  Mayor,  &c.  v.  Grand  Lodge, 
60  Md.  280.  Mayor,  &c.  v.  Canton  Co..  63  Md.  218.  Bonaparte  v.  State, 
63  Md.  446.  Mayor,  &c.,  Balto.  v.  Hussey,  67  Md.  112.  Degner  v. 
Mayor,  &c.,  74  Md.  144.  Wells  v.  Hyattsville,  77  Md.  133.  County 
Commr's  v.  Winand,  77  Md.  522.  U.  S.  Elec.  Light  Co.  v.  State,  79 
Md.  63.  Simpson  v.  Hopkins,  82  Md.  478.  Myers  v.  Baltimore  County, 
83  MQ.  386.  Fredk.  County  v.  Fredk.  City.  88  Md.  658.  Salisbury  v, 
Jackson,  89  Md.  521.  Kinehart  v.  Howard,  90  Md.  1.  Monticello  v. 
Baltimore  City,  90  Md.  426.  Balto.  City  v.  Safe  Deposit  &  Trust  Co., 
97  Md.  659.  Balto  City  v.  Allegheny  Co.,  99  Md.  1.  Cambridge  v. 
Water  Co.,  99  Md.  501. 

For  other  cases  relating  to  taxes  and  taxation,  see  under  sections 
4,  36,  40,  42  to  58  inclusive,  145  to  171  inclusive,  and  843  of  the  Charter. 

Taxation  of  Easements  by  Appeal  Tax  Court:  In  Article  81,  sections 
2,  4,  138  and  141,  the  Legislature  did  not  intend  that  such  an  easement 
as  the  Baltimore  and  Fredericktown  Turnpike  Company  possesses  in  its 
road-bed  in  Baltimore  City  should  be  assessable  by  the  Appeal  Tax  Court. 

Balto.  &  Fredk.  Turnpike  Co.  v.  Mayor  &  C.  C.  of  Baltimore,  Daily 
Record,  May  7,  1903, 

Arbitrary  exemption  from  taxation  void. 

Baltimore  v.   Star  Church,  106  Md.  281. 

Foreign  corporation  doing  business  in  State  not  exempt. 
Hannis  Dis.  Co.  v.  Balto.,  114  Md.  678. 

City  can  increase  assessment  on  land  decreed  to  be  sold  in  Equity. 
M.  &  C.  C.  V.  John  S.  Gittings,  Trustee,  113  Md.  120. 

Notice  addressed  to  plaintiff  personally,  and  not  as  Trustee,  is  suffi- 
cient to  inform  him  of  the  increase  proposed  to  be  made  in  the  assess- 
ment and  his  remedy  is  by  appeal  to  City  Court  and  not  to  apply  to  a 
Court  of  Equity. 

M.  &  C.  C.  V.  Gittings,  113  Md.  120. 

(c)     Abatements  to  Encourage  Manufactures. 

1880,  ch.  187.     P.  L.  L.,   (1888)  Art.  4,  sec.  829.    1912,  ch.  32. 

To  provide  by  general  ordinance,  whenever  it  shall  seem 
expedient  for  the  encouragement  of  the  growth  and  develop- 
ment of  manufactures  and  manufacturing  industry  in  the  said 
city,  for  the  abatement  of  any  or  all  taxes  levied  by  authority 
of  the  said  Mayor  and  City  Council  of  Baltimore,  or  by  ordi- 
nance thereof,  for  any  of  the  corporate  uses  thereof,  upon  any  or 


45 

all  personal  property  of  every  description  ov/ned  by  any  indi- 
vidual, lirm  or  corporation  in  said  city,  and  property  subject  to 
valuation  and  taxation  therein,  including  mechanical  tools  or 
implements,  whether  worked  by  hand  or  steam  or  other  motive 
power,  machinery,  manufacturing  apparatus  or  engines,  raw 
materials  on  hand,  stock  in  trade,  bills  receivable,  and  business 
credits  of  every  kind,  which  said  personal  property  shall  be 
actually  employed  or  used  in  the  business  of  manufacturing  in 
said  city;  provided  that  such  abatement  shall  be  extended  to 
all  persons,  firms  and  corporations  engaged  in  the  branches  of 
manufacturing  industry  proposed  to  be  benefited  by  any  ordi- 
nance passed  imder  the  provisions  of  this  paragraph  of  this 
section.  Any  taxes  so  abated  shall  be  deducted  from  the  taxes 
payable  upon  the  capital  stock,  taxable  in  said  city,  of  manufac- 
turing corporations,  incorporated  under  the  laws  of  the  State 
of  Maryland  and  located  in  said  city;  but  nothing  herein  con- 
tained shall  affect  in  any  way  the  taxes  that  are  now  or  may 
hereafter  be  payable  by  law  to  the  State  of  Maryland  or  any 
of  the  counties  or  municipalities  of  the  State  on  the  capital 
stock  of  manufacturing  corporations,  incorporated  under  the 
laws  of  this  State  and  located  in  Baltimore  City.  It  shall  be 
the  duty  of  the  Appeal  Tax  Court  to  make  such  abatement  of 
taxes,  levied  as  aforesaid,  as  may  be  authorized  and  directed 
by  ordinance,  as  aforesaid;  provided  that  application  for  such 
abatement  as  aforesaid  shall  be  made  by  the  party  applying  for 
the  same  before  the  annual  revision  and  correction  of  the  tax 
lists  for  the  year  in  which  said  applicant  desires  such  abatement, 
but  it  shall  not  be  necessary  for  the  applicant  to  renew  his 
application  from  year  to  year.  Said  application  shall  be  verified 
to  the  satisfaction  of  said  court  by  the  oath  of  the  party  applying 
for  the  same  or  other  satisfactory  evidence.  Said  court  shall 
further  keep  a  record  of  all  abatements  made  by  it  as  aforesaid 
and  report  in  writing  the  aggregate  amount  thereof  to  the  "Mayor 
and  City  Council  of  P>altiniore  on  or  before  the  fifteenth  day  of 
October  in  each  year. 

Consol.  Gas  Co.  v.  Mayor  &  C.  C.  of  Balto.,  62  Md.  5SS.     r/..  Wells  v. 
Hyattsville.  77  Md.  125.    Electric  Light  Co.  v.  Frederick  City,  84  Md.  5fl0. 

(ll)  COT.T-KCTION    OF  TaXKS. 

ISIO,  cii.  (>'.i.     1S74.  eh.  :;'.).     r.  L.  L.,    (1800)   Art.  4.  s(>c.  S7:{.     P.   L.  1- 

(1S8S)  Art.  4,  sees.  830,  831. 

To  extend  the  limits  of  direct  taxation  within  the  said  city, 
from  time  to  time,  as  it  sli:ill  deem  oxpcdicnt.  To  liiivc  power 
to  provide  bv  ordiiiaiifo  or  otherwise  for  tlio  pmmpt  colloction 


46 

of  taxes  due  the  city,  and  have  power  to  sell  real  estate,  as  well 
as  personal  property,  for  the  payment  of  taxes. 

Mayor,  &c.  v.  Howard,  G  H.  &  J.  383.  Dugaii  v.  Mayor,  1  G.  &  J.  499. 
Mayor,  &c.  v.  Chase,  2  G.  &  J.  376.  Dallam  et  al.  v.  Oliver's  Exrs.,  3 
Gill  445.  Eschbach  v.  Pitts,  6  Md.  71.  Latrobe  v.  Mayor,  19  Md.  13. 
Appeal  Tax  Court  v.  W.  M.  R.  K.  Co..  50  Md.  274.  Appeal  Tax  Court 
V.  Patterson.  50  Md.  354.  Baltimore  v.  Hussey,  67  Md.  112.  Union, 
&c.,  Co.  V.  Mayor.  71  Md.  23S.  Degner  v.  Mayor,  74  Md.  144.  Parlett  v. 
Dugan,  85  Md.  407.     Textor  v.  Shipley,  86  Md.  442. 

In  relation  to  collection  of  taxes  generally,  sec, 

Tuck  V.  Calvert,  33  Md.  209.  Dashiell  v.  Mayor,  45  Md.  613.  Wheeler 
V.  Addison.  54  Md.  41.  County  Commissioners  v.  Union  IVIining  Co..  61 
Md.  545.  Hebb  v.  Moore,  66  Md.  167.  Condon  v.  Mayuard.  71  Md.  601. 
Faust  v.  Building  Ass'n.,  84  Md.  186.     Fowble  v.  Kemp,  92  Md.  628. 

(29)     THEATRICAL  AITD   OTHER  PUBLIC   AMUSE- 
MENTS. 

p.  L.  L.,  (1860)  Art.  4,  sec.  906.     P.  L.  L.,  (1888)  Art.  4,  sec.  665. 

To  provide  for  licensing,  regulating  and  restraining  theatrical 
or  other  public  amusements  within  the  City  of  Baltimore. 

(30)         WATER. 

(a)      AcQuisiTiOiV   OF   Land  and   Watercourses. 

1853,  ch.  376.     P.  L.  L.,   (1860)  Art.  4.  sec.  928.     P.  L.  L.,   (1888)   Art.  4, 

sec.  915. 

To  establish,  operate,  maintain  and  control  a  system  of  water 
supply  for  Baltimore  City,  and  to  pass  all  ordinances  necessary 
in  the  premises.  From  time  to  time  to  contract  for,  purchase, 
lease,  and  hold,  in  fee  simple,  or  for  a  term  of  years,  any  land, 
real  estate,  spring,  brook,  water,  watercourse,  and  also  the  right 
to  use  and  occupy,  forever  or  for  a  term  of  years,  any  land, 
real  estate,  spring,  brook,  water  or  watercourse  which  it  ma,y 
conceive  expedient  and  necessary  for  the  purpose  of  conveying 
water  into  the  said  city  for  the  use  of  the  said  city  and  for  the 
health  and  convenience  of  the  inhabitants  thereof,  and  also  the 
right  to  enter  and  pass  through,  from  time  to  time,  as  occasion 
may  require,  and  to  use  and  occupy  the  said  lands,  through  which 
it  may  deem  necessary  to  convey  the  said  water ;  and  it  is  hereby 
invested  with  all  the  rights  and  powers  necessary  for  the  intro- 
duction of  water  into  said  city,  and  to  enact  and  pass  all  ordi- 
nances from  time  to  time,  which  shall  be  deemed  necessary  and 
proper  to  exercise  the  powers  and  effect  the  objects  above 
specified. 

Mayor.  &c.  v.  Appold,  42  Md.  442.  Mayor,  &c.  v.  Warren  Mfg.  Co., 
59  Md.  96.     Baltimore  City  v.  Merryman,  86  Md.  591.     Of.,  Baltimore 


47 

V.  Ritchie,  51  Md.  232.     Consolidated  Gas  Co.  v.  Balto.  County,  98  Md. 
695.     Callaway  v.  Baltimore  City,  99  Md.  316. 

Where  a  municipality  furnished  water  gratuitously  to  be  used  in 
extinguishing  fires  it  acts  in  a  governmental  capacitj'  and  is  not  liable 
for  negligence  in  connection  with  its  water  works. 

Wallace  v.  Baltimore  City,  123  Md.  638. 

See  Act  of  1908.  ch.  214,  quoted  in  sees.  826z,  to  826pp.,  both  inclusive. 

Condemnation  Proceedings  to  Acquire  Land,  etc.,  for  Water  Supply. 
— Measure  of  Damages  and  how  to  be  Estimated. 
Brack  v.  Baltimore,  125  Md.  — . 

(b)      Sale  of  Water. 

1882,  ch.  225.     P.  L.  L.,  (1888)  Art.  4,  sec.  916. 

To  contract  with  individuals,  firms  or  corporations  for  the 

use  of  the  water  of  said  city,  on  such  terms  and  for  such  time 

as  it  may  deem  proper  and  expedient. 

Baltimore  City  v.  Day,  89  Md.  555. 

(c)  Acquisition  of  Property  and  Materials  by  Agree- 

ment. 

P.  L.  L.,  (1860)  Art.  4,  sec.  929.    P.  L.  L.,  (1888)  Art.  4,  sec.  917. 

The  Mayor  and  City  Council  of  Baltimore,  or  any  agent 

authorized  by  it,  may  agree  with  the  o\\Tier  of  any  land,  real 

estate,  spring,  brook,  water  or  watercourse,  as  aforesaid,  earth, 

timber,  stone  or  other  materials  which  it  may  conceive  expedient 

or  necessary  to  purchase  and  hold,  for  the  purpose  of  introducing 

water  into  the  City  of  Baltimore. 

Baltimore  City  v.  Day,  89  Md.  551. 

(d)  Or,  May  Acquire  Same  by  Condemnation  Proceedings. 

1853,  ch.  376.    P.  L.  L.,  (1860)  Art.  4,  sec.  930.    P.  L.  L.,  (1888)  Art.  4. 

sec.  918. 

If  they  cannot  agree,  or  if  there  be  any  incapacity  or  disability 
to  contract  with  the  owner  of  such  land  or  real  estate,  spring, 
brook,  water  or  watercourse  as  aforesaid,  earth,  timber,  stone,  or 
other  materials,  or  with  the  owner  of  such  lands  through  which 
the  said  city  may  find  it  necessary  to  have  a  right  of  entry  and 
passage,  for  the  purpose  of  conveying  the  said  water  into  the  said 
city,  or  if  such  owner  should  be  absent,  out  of  the  State,  or 
unknown,  it  shall  be  lawful,  on  application  of  the  city,  for  any 
Justice  of  the  Peace  of  the  county  in  which  said  lands,  eartli 
or  other  property  or  materials  as  aforesaid  are  situate,  to  issue 
his  warrant  to  tlie  SlierilV,  of  said  county,  commanding  him  to 
summon  from  the  said  county  a  jury  of  twenty  freeliolders, 
inhabitants  of  said  county,  not  related  to  the  owner  or  persons 


48 

interested,  as  aforesaid,  in  the  said  real  estate,  or  other  property, 
to  meet  on  the  premises  which  are  to  be  valued,  on  some  certain 
day  to  be  named  in  said  warrant,  of  which  said  warrant  and 
the  day  therein  named  for  the  meeting  of  the  jury,  twenty  days' 
notice  shall  be  given  previous  to  such  day  by  the  city  to  every 
owner  or  person  interested,  as  aforesaid,  or  if  any  owner  be  an 
infant  or  lunatic,  or  feme  covert,  to  his  or  her  guardian  or  her 
husband,  or  in  either  case  left  at  his  or  her  place  of  abode,  or 
if  out  of  the  State  or  unknown,  such  notice  shall  be  published 
not  less  than  eight  weeks  successively  in  some  one  or  more  of 
the  daily  newspapers  of  Baltimore  City,  and  in  some  one  or 
more  of  the  newspapers  of  the  county  in  which  said  property 
may  be  located,  if  any  newspapers  be  published  in  such  county. 
Graff  V.  Mayor,  10  Md.  544.  Kane  v.  Mayor,  15  Md.  240.  Taylor  v. 
Mayor,  45  Md.  576.  Mayor,  &c.  v.  Warren  Mfg.  Co.,  59  Md.  96.  Balto. 
City  V.  Merryman,  86  Md.  591.  C/.,  Baltimore  v.  Ritchie,  51  Md.  233. 
Helfrich  v.  Catonsville  W.  Co.,  74  Md.  269. 

(e)      Selection  of  Jury. 

P.  L.  L.,  (I860)  Art.  4,  sec.  931.    P.  L.  L.,  (1888)  Art.  4,  sec.  919. 

From  the  list  of  jurors  so  returned  and  attending,  the  person, 
the  condemnation  of  whose  property  may  be  desired,  may  strike 
four,  and  the  said  city  may  strike  four,  so  that  the  number  of 
jurors  be  reduced  to  twelve,  and  in  case  either  party  shall  neglect 
or  refuse  to  strike  off  the  names  of  jurors,  then  it  shall  be  the 
duty  of  the  Sheriff  or  his  deputy,  who  shall  attend  as  herein- 
before directed,  to  strike  off  jurors  for  the  party  so  refusing  or 
neglecting,  so  that  the  number  of  jurors  be  reduced  to  twelve  as 
aforesaid. 

(f)     Duty  of  Jury. 

P.  L.  L.,  (I860)  Art.  4,  sec.  932.    P.  L.  L.,  (1888)  Art.  4,  see.  920. 

The  jurors  so  remaining  shall  inquire  into,  assess  and 
ascertain  the  sum  of  money  to  be  paid  by  the  said  city  for  land, 
spring,  brook,  water  rights  or  other  property  which  it  may  deem 
necessary  to  purchase  and  hold  or  use  for  the  purpose  aforesaid. 

(g)     Oath. 

P.  L.  L.,  (1860)  Art.  4,  sec.  933.    P.  L.  L.,  (1888)  Art.  4,  sec.  921. 

Before  the  said  jury  act  as  such  the  said  Sheriff  or  his 
deputy  shall  administer  to  each  of  them  an  oath  that  he  will 
justly  and  impartially  value  the  damages  which  the  owners  or 
parties  holding  an  interest  therein  will  sustain  by  the  use  and 
occupation  of  said  property  by  the  city. 


49 

(h)  Inquisition. 
P.  L.  L.,  (I860)  Art  4,  sec.  934.  P.  L.  L.,  (18SS)  Ai-t.  4,  sec.  922. 
The  said  jury  shall  reduce  their  inquisition  to  writing  and 
shall  sign  and  seal  the  same,  and  it  shall  then  be  returned  by 
said  Sheriff  to  the  Clerk  of  the  Circuit  Court  for  said  county, 
and  be  filed  by  such  clerk  in  his  office,  and  shall  be  confirmed  by 
said  court  at  its  next  session,  if  no  sufficient  cause  to  the  con- 
trary be  shown ;  and  when  confirmed  shall  be  recorded  by  the 
said  clerk  at  the  expense  of  the  city. 

(i)     Duty  of  Court, 

p.  L.  L..   (I860)  Art.  4,  sec.  935.     1876,  ch.  19.    P.  L.  L.,   (1888)  Art.  4, 

sec.  923.     1912,  ch.  32. 

Within  ten  days  after  the  return  of  said  inquisition  to  said 
court,  exceptions  may  be  filed,  in  writing,  by  any  party  inter- 
ested, showing  cause  why  said  inquisition  should  not  be  con- 
firmed. If  said  exceptions  be  filed,  the  court  shall  cause  the 
whole  matter  to  be  tried  de  novo  before  a  jury  to  be  selected 
and  impaneled  as  juries  in  ordinary  cases  at  law,  and  the  trial 
shall  be  governed  by  the  same  rules  as  to  the  admission  of 
evidence  and  instructions  to  the  jury  as  apply  in  ordinary  law 
cases.  Upon  request  of  any  party  to  the  proceedings,  or  any 
juror,  the  jury  may  be  sent  to  view  the  premises,  under  such 
regulations  as  the  court  may,  by  general  rule  or  special  order, 
provide.  From  any  decision  on  matter  of  law  made  by  said 
court,  during  such  trial,  an  appeal  may  be  taken  to  the  Court 
of  Appeals,  provided,  that  such  appeal  be  taken  within  ten  days 
after  such  decision  shall  be  made,  and  the  Court  of  Appeals 
may  award  costs  to  either  party  in  its  discretion. 

Taylor  v.  Mayor,  45  Md.  576. 

(j)  Property  Condemned. 
P.  L.  L.,  (I860)  Art.  4,  sec.  936.  P.  L.  L.,  (1888)  Art.  4,  sec.  924. 
The  inquisition  shall  describe  the  property  taken  or  the 
bounds  of  the  land  condemned,  and  the  quantity  or  duration  of 
the  interest  in  the  same,  valued  to  the  city ;  and  such  valuation, 
when  paid  or  tendered  to  the  o\vner  of  said  property,  or  his 
legal  representative,  shall  entitle  the  city  to  the  use,  estate  and 
interest  in  the  same  thus  valued,  as  fully  as  if  it  had  been 
conveyed  by  tlie  owner  of  the  same;  and  the  valuation,  if  not 
received  when  tendei-ed,  may  at  any  time  thereafter  be  received 
from  the  city,  without  interest,  by  the  said  owner  or  liis  legal 

representative. 

Mayor,  &c.  v.  Warren  Mfg.  Co.,  59  Md.  96. 


50 

(k)        Selection  of  Jury. 

p.  L.  L.,  (1860)  Art.  4,  sec.  937.    P.  L.  L.,  (1888)  Art.  4,  sec.  925. 

If  the  twenty  jurors  summoned  as  aforesaid  shall  not  appear 
at  the  time  and  place  as  aforesaid  the  Sheriff  or  his  deputy,  as 
the  case  may  be,  shall  forthwith  summon  other  freeholders  of 
the  county,  from  the  bystanders  or  others  qualified  as  aforesaid, 
to  make  up  the  said  jury  to  the  number  of  twelve. 

(l)      Compensation  of  Juroks  and  Sheriff. 
P.  L.  L.,  (1860)  Art.  4,  sec.  938.    P.  L.  L.,  (1888)  Art.  4,  sec.  926. 

The  jurors  so  summoned  and  attending  shall  be  allowed  the 
same  compensation  as  is  allowed  to  the  jurors  in  the  Circuit 
Court  for  the  county,  and  the  Sheriff  shall  be  allowed  similar 
fees  as  are  allowed  by  law  for  the  summoning  jurors  to  attend 
Circuit  Court  for  the  county,  and  also  a  per  diem  of  two  dollars 
for  every  day  he  or  his  deputy  shall  be  in  attendance  upon  an 
inquisition ;  and  such  expenses  shall  be  paid  by  the  city,  except 
in  cases  of  objection  to  the  confirmation  of  inquisitions  before 
the  Circuit  Court,  when  the  costs  in  said  Court  may  be  awarded 
in  the  discretion  of  the  Court. 

Paragraphs  D  to  L,  both  inclusive,  superseded  by  Act  of  1914,  ch.  463. 
quoted  in  Appendix. 

(m)     Water  Stock. 

1870,  ch.  24.     P.  L.  L.,   (1888)  Art.  4,  sec.  927. 

For  the  purpose  of  defraying  all  the  expenses  and  costs  of 
lands,  waters  and  water  rights  as  have  been  taken  for  the 
purposes  aforesaid,  and  of  constructing  all  works  necessary  to 
the  accomplishment  of  said  piirposes,  and  all  expenses  incident 
thereto,  the  said  city  shall  have  authority,  in  the  name  of  the 
city,  to  issue  certificates  of  debt,  to  be  denominated  on  the  face 
Baltimore  Water  Stock  to  an  amount  not  exceeding  five  million 
dollars  bearing  interest  not  exceeding  six  per  cent,  per  annum, 
and  to  provide  by  ordinance  for  the  redemption  of  the  same  at 
a  certain  time,  under  such  provisions  as  the  city  may  deem 
expedient  and  proper.  The  said  city  is  authorized  and  empow- 
ered to  assess  rates  for  the  supply  and  use  of  water  at  any  point 
in  Baltimore  City  or  County,  and  also  to  enforce  payment  for 
the  use  of  water,  and  other  expenses  incurred  in  the  introduction 
of  water  from  the  water  mains,  according  to  the  rates  established 
by  the  said  city,  said  payments  to  be  enforced  by  the  same 
process  that  city  or  State  taxes  are  collected,  or  that  may  be 
collected  by  process  before  a  Justice  of  the  Peace,  or  in  any  of 


51 

the  Courts  of  the  Citv  of  Baltimore  havinc'  iurisdiction  in  such 
cases.  The  said  city  is  authorized  and  empowered  to  appoint 
watchmen  or  such  police  force  as  may  be  necessary  for  the 
protection  of  its  water  works  iu  the  City  and  County  of  Balti- 
more, and  to  impose  fines  and  penalties  for  interference  with 
or  injui'v  to  the  works  or  their  appendages.  To  prevent  the 
water  from  being  obstructed  or  contaminated,  and  to  prohibit 
all  meddling  or  tampering  with  the  water  works  and  their 
appurtenances ;  said  fines  and  penalties  shall  be  enforced  and 
collected  as  other  fines  and  penalties  are  enforced  and  collected 
by  law. 

No  authority  to  issue  loan  under. 

Baltimore  v.   Bond,   104  Md.   590. 

(n)      Water   Bonds. 
1886,  ch.  121.     p.  L.  L.,  (1888)  Art.  4,  sec.  928. 

To  issue  bonds  or  certificates  of  indebtedness  to  an  amount 
not  exceeding  one  million  dollars,  from  time  to  time,  as  the  same 
nuiy  be  required,  payable  at  such  time  and  bearing  such  rate  of 
interest  not  exceeding  five  per  cent,  per  annum  as  the  said  city 
shall  provide  by  ordinance,  the  proceeds  of  the  said  bonds  or 
certificates  of  indebtedness  to  be  applied  to  the  purpose  of  con- 
structing and  completing  Lake  Clifton,  as  proposed  to  be  con- 
structed on  the  line  of  the  work  of  the  inti-oduction  of  the  water 
of  the  Gunpowder  Falls  to  the  City  of  Baltimore,  and  for  the 
acquisition  of  the  necessary  land  in  Baltimore  County,  whereon 
to  locate  one  or  more  reser\'oirs,  and  for  the  construction  of  said 
reservoir  or  reservoirs,  and  for  obtaining  such  ])iiiiii)ing 
machinery  as  may  be  necessary  in  connection  therewith,  and  for 
procuring  and  laying  of  iron  pipes  or  mains  for  the  purpose  of 
distributing  said  water  to  the  inhabitants  of  said  city;  ])rovidcd, 
however,  that  the  said  bonds  or  certificates  of  indel)tedness  shall 
not  be  issued  until  the  ordinance  which  the  city  is  authorized 
to  enact  for  such  issue  shall  be  approved  by  a  majority  of  the 
legal  voters  of  Baltimore  City,  at  the  time  and  place  to  be 
appointed  by  said  ordinance  in  the  provisions  for  submitting  the 
same  to  the  legal  voters  of  said  city,  as  required  by  section  7 
of  Article  XI  of  the  Constitution  of  tlie  State. 

fo)      Watki;  System  in  Annex  and  Sihik-bs. 

I'.  [..  I...   (IstiOi   Art.  4,  sec.  940.     V.  L.  T>..   (188S|    Art.    I.  s<-<-.  OI'.O.     1888, 

ch.  98,  .sec.  2.^. 

Before  the  city  shall  lay  any  water  j)ij)es  along  any  street, 
road,  lane  or  avenue  in  the  territory  annexed  to  the  City  of 


52 

Baltimore  under  the  provisions  of  the  Act  of  1888,  Chapter  98, 
upon  which  the  Catonsville  Water  Company  has  laid  its  pipes 
and  other  water  appliances,  the  said  city  shall,  if  said  company 
desires  to  surrender  said  pipes  and  water  appliances  in  such 
street,  road,  lane  or  avenue,  to  the  city,  pay  to  the  said  company 
the  fair  value  of  its  water  pipes  and  other  water  appliances  con- 
structed in  said  street,  lane,  road  or  avenue,  and  such  actual 
damages  to  the  said  company  as  shall  be  caused  by  the  acquisition 
of  said  pipes  and  appliances  by  the  city ;  and  the  amount  so  to 
be  paid,  if  the  said  company  and  the  said  city  cannot  agree  in 
reference,  thereto,  shall  be  ascertained  by  a  majority  of  a  board 
of  three  arbitrators,  one  to  be  appointed  by  the  city,  and  one  by 
said  company,  and  the  two  arbitrators  thus  appointed  shall 
appoint  the  third  arbitrator ;  and  if  they  cannot  agree  upon  such 
third  arbitrator  the  latter  shall  be  appointed  by  the  Governor  of 
the  State;  provided,  whenever  the  Mayor  and  City  Council  of 
Baltimore  shall  extend  its  water  mains  for  the  purpose  of 
supplying  water  therein  into  the  territory  of  Baltimore  County 
previously  occupied  by  some  other  w^ater  company  then  supply- 
ing water  to  residents  of  such  locality,  said  Mayor  and  City 
Council  of  Baltimore,  before  it  shall  supply  water  to  users  in 
said  territory,  shall  purchase  or  condemn  the  water  pipes  and 
rights  of  said  local  water  company.  To  purchase  all  the 
property,  rights,  estates  and  privileges  of  any  chartered  company 
authorized  to  introduce,  or  which  may  hereafter  be  authorized  to 
introduce,  water  into  said  city,  upon  such  terms  as  may  be 
agreed  upon  by  the  city  and  such  corporation  or  corporations, 
in  the  manner  prescribed  in  their  respective  charters,  or  in  the 
absence  of  such  provisions,  as  shall  be  agreed  upon  by  the  said 
city  and  such  corporation  or  corporations ;  and  such  corporation 
is  authorized  to  execute  a  conveyance  to  the  city  of  all  the 
franchises  and  property  of  said  corporation ;  and  all  such  rights, 
privileges  and  franchises  shall  be  vested  in  the  Mayor  and  City 
Council  of  Baltimore,  to  be  held,  exercised  and  enjoyed  by  the 
said  city  as  fully  in  every  respect  as  might  or  could  have  been 
done  by  any  such  corporation  or  corporations  under  their  re- 
spective charters. 

Balto.  City  v.  Balto.  Co.  Water  &  Electric  Co.,  95  Aid.  242. 

(31)     Welfare  and  Other  Powers. 

The  foregoing  or  other  enumeration  of  powers  in  this  Article 
shall  not  be  held  to  limit  the  power  of  the  Mayor  and  City 
Council  of  Baltimore,  in  addition  thereto  to  pass  all  ordinances 
not  inconsistent  with  the  provisions  of  this  Article  or  the  laws  of 


53 

tlie  State  as  may  be  proper  in  executing  any  of  the  powers,  either 
express  or  implied,  enumerated  in  this  section  and  elsewhere  in 
this  Article,  as  well  as  such  ordinances  as  it  may  deem  expedient 
in  maintaining  the  peace,  good  government,  health  and  welfare 
of  the  City  of  Baltimore ;  and  it  may  provide  for  the  enforce- 
ment of  all  such  ordinances  by  such  penalties  and  imprisonments 
as  may  be  prescribed  by  ordinance ;  but  no  fine  shall  exceed  five 
hundred  dollars,  nor  imprisonment  exceed  twelve  months  for 
any  offense. 

Bostock  V.  Sams.  95  Md.  415.     C/.,  Commrs.  of  Easton  v.  Covey,  74 
Md.  262.    Deems  v.  Mayor  &  C.  C.  of  Balto.,  SO  Md.  164. 

Regulations  conceruing  the  removal  of  garbage  and  offal  are  valid 
exercise  of  the  police  power. 

Wm.  R.  Schultz  v.  State  of  Maryland,  112  Md.  211. 
Ordinance  passed  in  pursuance  of  provision  of  Charter  has  same  effect 
as  Act  of  Legislature,  and  supersedes  within  city  limits  provision  of 
State  Law. 

Gould  V.  Baltimore,  119  Md.  534. 

1908,  ch.  54. 

6A.  Whenever  the  Mayor  and  City  Council  of  Baltimore 
shall  condemn  any  land  for  a  street,  square,  lane,  alley,  bridge  or 
its  approaches,  or  reservoir,  or  for  an  esplanade,  boulevard, 
parkway,  parkgrounds  or  public  reservation  around,  adjacent, 
opposite  or  in  proximity,  or  leading  to  a  public  building  or 
buildings,  or  land  adjoining  such  esplanade,  boulevard,  parkway, 
park  grounds,  or  public  reservation  as  authorized  by  the  next 
preceding  section,  or  for  a  schoolhouse,  engine  house,  courthouse 
or  market,  or  shall  condemn  any  land  for  the  purpose  of  erecting 
thereon  any  building,  structure  or  improvement  of  any  descrip- 
tion, intended  for  a  public  or  municipal  use  or  uses,  in  all  such 
cases  the  absolute  and  unqualified  fee  simple  title  to  such  land, 
or,  when  the  proceeding  is  in  personam,  all  the  right,  title  and 
interest  of  the  owner  or  owners  who  are  made  parties  to  the 
proceeding,  if  they  should  not  be  the  owners  of  the  entire  fee 
simple  title,  shall  be  condemned  and  acquired,  so  that  neither  the 
said  land  nor  any  interest  therein,  sliall  under  any  circumstances 
revert  to  the  person  or  persons  who  shall  be  the  owner  or  owners 
thereof  at  the  time  of  the  condemnation,  or  who  shall  be  parties 
to  such  proceeding  in  personam,  nor  to  any  person  or  per-sons 
claiming  under  him,  her  or  them ;  provided,  however,  tlint  wlien 
the  condemnation  slmll  l)f'  provided  for  by  ordinance,  tlic  Mayor 
and  City  Council  of  Baltimore  may  determine,  and  in  (lie  ordi- 
nance providing  for  the  condemnation  declare,  that  an  interest 
for  a  fixed  and  liiiiit<'d  pi  ridd  (»f  time  \\ill  sullico  for  the  purpose 


54 

or  purposes  for  which  the  property  is  to  be  acquired,  and  under 
such  circumstances,  only  such  interest  shall  be  condemned  and 
acquired. 

1910,  ch.  571. 

6B.  The  jMayor  and  City  Council  of  Baltimore  shall  have 
full  power  and  authority  to  establish  or  maintain,  directly  or 
by  contract,  reasonable  facilities  for  the  public  recreation. 

FKANCHISES. 

7.  The  title  of  the  Mayor  and  City  Council  of  Baltimore, 

in  and  to  its  water  front,  wharf  property,  land  under  water, 

public  landings,  wharves  and  docks,  highways,  avenues,  streets, 

lanes,  alleys  and  parks,  is  hereby  declared  to  be  inalienable. 

Townsend,  Grace  &  Co.  v.  Epstein,  93  Md.  537.  Purnell  v.  McLane, 
98  Md.  591.  Brauer  v.  Refrigerating  Co.,  99  Md.  380.  C/.,  Westmins- 
ter Water  Co.  v.  Westminster,  98  Md.  551. 

1904,  ch.  616.    1906,  ch.  152. 

8.  The  Mayor  and  City  Council  of  Baltimore  may  grant  for 
a  limited  time  and  subject  to  the  limitations  and  conditions  con- 
tained in  this  Article,  specific  franchises  or  rights  in  or  relating 
to  any  of  the  public  property  or  places  mentioned  in  the  preced- 
ing section;  provided  that  such  grant  is  in  compliance  with  the 
requirements  of  this  Article,  and  that  the  terms  and  conditions 
of  the  grant  shall  have  first  been  authorized  and  set  forth  in  an 
ordinance  duly  passed  by  the  city.  Every  such  grant  shall 
specifically  set  forth,  define  the  nature,  extent  and  duration  of 
the  franchise  or  right  thereby  granted,  and  no  franchise  or  right 
shall  pass  by  implication  under  any  such  grant ;  and,  notAvith- 
standing  any  such  grant  the  Mayor  and  City  Council  of  Balti- 
more shall  at  all  times  have  and  retain  the  power  and  right  to 
reasonably  regulate  in  the  public  interest  the  exercise  of  the 
franchise  or  right  so  granted ;  and  the  said  Mayor  and  City 
Council  of  Baltimore  shall  not  have  the  power  by  grant  or 
ordinance  to  divest  itself  of  the  right  or  power  to  so  regulate  the 
the  exercise  of  such  franchise  or  right.  But  no  franchise  shall 
be  gi'anted  for  the  erection  on  any  of  the  streets,  lanes,  or  alleys 
of  the  said  city  of  any  awning  poles,  posts,  hitching  posts,  barber 
poles,  railings,  stepping  stones,  sign  posts,  horse  troughs,  clocks, 
stands  of  any  character,  or  cellar  doors  or  coal  holes,  unless  the 
same  be  flush  with  the  pavement ;  nor  shall  any  franchise  be 
granted  for  an  open  area,  unless  the  same  is  used  as  a  means  of 
entrance  to  buildings  used  primarily  for  purposes  of  residence, 


55 

and  only  in  such  case  when  the  same  does  not  extend  more  than 
three  and  one-half  feet  from  the  building  line. 

Towusend,  Grace  &  Co.  v.  Epstein,  93  Md.  537.     Purnell  v.  McLane, 

98  Md.  589.     Simon's  Sons  v.  Md.  Telephone  Co.,  99  Md.  141.     Brauer 
V.  Refrigerating  Co.,  99  Md.  380.      Storck  v.  Baltimore  City,  101  Md.  476, 

In  relation  generallj'  to  franchises  granted  by  the  municipality,  see: 

Baltimore  v.  Clunet,  24  Md.  469.    N.  Balto.  Pass.  R.  R.  Co.  v.  N.  Ave. 

Ry.  Co.,  74  Md.  243.    N.  Balto.  Pass.  R.  R.  Co.  v.  Baltimore,  74  Md.  250. 

Bonaparte  v.  Lake  Rol.   Elv.  R.  R.   Co.,   75  Md.  340.     Lake  Rol.   Elv. 

R.  R.  Co.  V.  Balto.,  77  Md.  372-379.     State  ex  rel.  v.  Latrobe,  81  Md.  222. 

Park  Tax  Case,  84  Md.  1.    Hooper  v.  Balto.  City  Pass.  Ry.  Co.,  85  Md. 

509.     Bear  Creek  Co.  v.  Baltimore  City,  87  Md.  84.     Baltimore  City  v. 

N.  C.  Ry.  Co.,  88  Md.  691.    Ches.  &  Pot.  Telephone  Co.  v.  Baltimore  City, 

S9  Md.  689.    Mealey  v.  Mayor  of  Hagerstown,  92  Md.  752.    Balto.  County 

Water  Co.  v.  Baltimore,  95  Md.  242.    Consolidated  Gas  Co.  v.  Schreiber, 

99  Md.  403.     Referred  to  in  The  Patapsco  Electric  Co.  v.  M.  &  C.  C, 
110  Md.  310. 

Terms  and  CoNDiTiOoSrs  of  Grants  and  Franchises. 

9.  ]^o  franchise  or  right  in  relation  to  any  highway,  avenue, 
street,  lane  or  alley,  either  on,  above  or  below  the  surface  of  the 
same,  shall  be  granted  by  the  Mayor  and  City  Council  of  Balti- 
more to  any  person  or  corporation  for  a  longer  period  than 
twenty-five  years,  but  such  grant  may,  at  the  option  of  the  city, 
provide  for  giving  to  the  grantee  the  right,  on  fair  re-valuation, 
including  in  such  re-valuation  the  value  derived  from  the  said 
franchise  or  right,  to  renewals  not  exceeding  in  the  aggregate 
twenty-five  years.  Such  grant  may  provide  that  upon  the 
tei-mination  of  the  said  franchise  or  right  granted  by  the  City, 
the  plant,  as  well  as  the  property  of  the  grantee  situated  in, 
above  or  under  the  highways,  avenues,  streets,  lanes  or  alleys 
aforesaid,  with  its  appurtenances,  shall  thereupon  be  and  become 
the  property  of  the  city,  without  further  or  other  compensation 
to  the  grantee ;  or  such  grant  may  provide  that  upon  such  deter- 
mination, there  shall  be  a  fair  valuation  of  the  plant  and 
property,  which  shall  be  and  become  the  property  of  the  city 
at  its  election,  on  paying  the  grantee  said  valuation.  If,  by 
virtue  of  the  grant,  the  plant  and  property  are  to  become  the 
property  of  the  city,  without  money  payment  therefor,  the  city 
shall  have  the  option,  either  to  take  and  operate  the  said 
property  on  its  own  account,  or  to  renew  the  said  grant  for  not 
exceeding  twenty-five  years  on  a  re-valuation,  or  sell  the  same 
to  the  higliest  l)iclc]or  at  public  sale.  If  the  originnl  grant  shall 
prescrilK!  that  the  Mayor  and  City  Conncnl  of  iialtiiiioro  shall 
at  its  C'loctir)!!  make  payment  for  such  plant  and  property,  sucli 
payment  shall  ]»•  at  a  fair  valuation  of  the  same  as  property, 


56 

excluding  any  value  derived  from  the  franchise  or  right  and  if 
the  city  shall  make  payment  for  such  plant  and  property,  it  may, 
in  that  event,  operate  the  plant  and  property  on  its  own  account 
for  five  years,  after  which  it  may  determine  either  to  continue 
such  operation  on  its  own  account  or  to  lease  the  said  plant  and 
property  and  the  said  franchise  or  right  to  use  the  highways, 
avenues,  streets,  lanes  and  alleys  or  other  public  property  in 
connection  therewith,  for  limited  periods,  under  such  rules  and 
regulations  as  it  may  prescribe,  or  to  sell  the  plant  and  property 
to  the  highest  bidder  at  public  sale.  Every  grant  of  any  such 
franchise  or  right  shall  make  provision,  by  way  of  forfeiture  or 
otherwise,  of  the  grant  for  the  purpose  of  compelling  compliance 
with  the  terms  of  the  grant,  and  to  secure  efficiency  of  public 
service  at  reasonable  rates,  and  the  maintenance  of  the  property 
in  good  condition,  throughout  the  full  term  of  the  grant.  The 
grant  shall  also  specify  the  mode  of  determining  the  valuations 
and  re-valuations  which  may  be  provided  for  therein. 

Purnell  v.  McLane,  98  Md.  589.  Brauer  v.  Refrigerating  Co.,  99  Md. 
380.  Consolidated  Gas  Co.  v.  Sclireiber,  99  Md.  403.  Cf.,  Mealy  v. 
Mayor  of  Hagerstown,  92  Md.  741. 

1900,  cli.  109. 

10.  Before  any  grant  of  the  franchises  or  right  to  use  any 
highway,  avenue,  street,  lane  or  alley,  or  other  public  property, 
either  on,  above  or  below  the  surface  of  the  same  shall  be  made, 
the  proposed  specific  grant,  except  as  provided  in  the  proviso  to 
section  37  of  this  Article,  embodied  in  the  form  of  a  brief  adver- 
tisement, prepared  by  the  Board  of  Estimates,  at  the  expense 
of  the  applicant,  shall  be  published  by  the  Comptroller  for  at 
least  three  days  in  one  daily  newspaper  published  in  Baltimore 
City  to  be  designated  by  the  Board  of  Estimates,  and  all  the 
provisions  of  section  37  of  this  Article  shall  be  complied  with. 

Purnell  v.  McLane,  98  Md.  591.    Brauer  v.  Refrigerator  Co.,  99  Md.  380. 

Turnpikes  and  private  streets  are  held  to  come  under  this  Section 
when  used  for  the  purpose  of  supplying  electric  current  by  means  of 
wires  and  poles. 

The  Patapsco  Electric  Co.  v.  M.  &  C.  C,  110  Md.  310. 


11.  When  the  grant  of  a  franchise  or  right  is  made  in  com- 
pliance with  the  aforegoing  sections,  the  Mayor  and  City  Council 
of  Baltimore  shall  not  part  with,  but  shall  expressly  reserve  the 
right  and  duty,  at  all  times,  to  exercise,  in  the  interest  of  the 
public,  full  municipal  superintendence,  regulation  and  control, 
in  respect  to  all  matters  connected  with  said  grant  and  not  incon- 
sistent with  the  terms  thereof. 


57 


Purnell  v.  McLaue,  98  Md.  591.  Brauer  v.  Refrigeiatiug  Co.,  99  Md. 
380.    Cf.,  N.  C.  Ry.  Co.  v.  Baltimore,  21  Md.  104. 

12.  Sections  8,  9,  10  and  11  of  this  Article  shall  apply  to 
any  renewal  or  extension  of  the  grant  or  leasing  of  the  property 
to  the  same  grantee  or  to  others. 

1910,  ch.  593.     1912,  ch.  32. 

13.  l^othing  contained  in  this  Article  shall  prevent  the 
Mayor  and  City  Council  of  Baltimore,  from,  in  any  manner, 
disposing  of  any  building  or  parcel  of  land  no  longer  needed  for 
public  use;  provided,  that  such  disposition  shall  be  authorized 
and  provided  for  by  ordinance,  and  shall  be  approved  by  the 
Commissioners  of  Finance  by  their  uniting  in  the  conveyance 
thereof,  and  shall  be  made  at  public  sale,  unless  a  private  sale  be 
expressly  authorized  by  the  Board  of  Estimates  and  so  entered 
on  their  minutes ;  nor  from  renting  for  fixed  and  limited  terms 
any  of  its  property  not  needed  for  public  purposes,  on  approval 
of  the  Commissioners  of  Finance. 

For  decisions  in  relation  to  disposition  of  its  lands  and  property  by 
the  municipality,  see, 

Rittenhouse  v.  Mayor,  25  Md.  336.  Newbold  v.  Glenn.  67  Md.  -489. 
Kilpatricli  v.  M.  &  C.  C.  of  Balto.,  81  Md.  195.  Davidson  v.  Balto.  City, 
96  Md.  509. 

City  may  rent  city  property  for  entertainments  at  times  when  not 
needed  for  public  purposes. 

Gottleib  Knabe  Co.   v.  Macklin,  109  Md.  429. 

1912,  ch.  429. 

14.  Hereafter,  in  contracting  for  any  public  work,  or  the 
purchase  of  any  supplies  or  materials,  involving  an  expenditure 
of  five  hundred  dollars  or  more  for  the  citv,  or  bv  any  of  the 
city  departments,  sub-departments,  or  municipal  officers  not  cm- 
braced  in  a  department,  or  special  commissions  or  boards,  unless 
otherwise  provided  for  in  this  article,  advertisements  for  pro- 
posals for  the  same,  shall  be  first  published  in  two  or  more  daily 
newspapers  published  in  Baltimore  City,  twice  or  of  toner,  the 
first  publication  to  be  made  not  less  than  ten  nor  more  tlian 
twenty  days  prior  to  the  day  set  for  opening  the  bids ;  and  the 
contract  for  doing  said  work  or  furnishing  said  supplies  or 
materials,  shall  be  awarded  by  the  board  provided  for  in  the 
next  section  of  this  article,  and  in  the  mode  and  manner  as 
therein  prescribed. 

American  I>iKhtin>c  Co.  v.  McCuen,  92  Md.  702.  Packard  v.  Hayes,  04 
Md.  2'.',?,.  Smith  v.  Hayes,  98  Md.  4^5.  ]5iiil(llii;,'  Siii)|)ly  ("o.  v.  Baltimore 
City,  100  Mil.  i!)2.     Flack  v.  M.  &  C,  C.  of  iialto..  104  Md.  130. 


58 

As  to  cases  arising  out  of  contracts  witli  city  prior  to  the  enactment 
of  the  New  City  Charter,  see  the  following: 

Baltimore  v.  Eschbach,  18  Md.  276.  Mayor  &c.  v.  Reynolds,  20  Md. 
1.  Mayor  v.  B.  &  O.  R.  R.  Co.,  21  Md.  52.  Rittenhouse  v.  M.  &  C.  C. 
of  Balto.,  25  Md.  336.  Mayor  v.  Musgrave,  48  Md.  272.  Mayor,  &c.  v. 
Weatherby,  52  Md.  442.  Kelly  v.  Mayor,  53  Md,  134.  Morgan  v.  M.  & 
C.  C.  of  Balto.,  58  Md.  509.  Baltimore  v.  Raymo,  68  Md.  569.  Wilson 
V.  Balto.  City,  83  Md.  203.  See  further.  Mealy  v.  M.  &  C.  C.  of  Hagers- 
town,  92  Md.  741.  See  also  cases  under  Section  15,  post. 
Alternative  system  of  bidding. 

Baltimore  City  v.  Flack,  104  Md.  130. 
Selection  of  material  for  paving. — Discretion  to  choose  between  several 
kinds  may  be  delegated. 

Baltimore  v.  Gahan,  104  Md.  157. 
Notice  must  be  published  in  English  language,  unless  notice  published 
as  required,  award  of  contract  will  be  enjoined. 

Bennett  v.  City,  106  Md.  485. 
When  the  lowest  bid  is  not  in  conformity  with  the  specifications  as 
advertised,  the  contract  may  be  awarded  to  the  next  lowest  bidder. 
Maryland  Pavement  Co.  v.  Mahool,  110  Md.  397. 
The  purchases  by  the  Board  of  Police  Commissioners  included  in  their 
estimate  of  expenses  are  not  subject  to  the  provisions  of  this  Section 
and  Section  36B  construed  in  connection  with  Section  747. 
Thrift  V.  Ammidon,  125  Md.  — . 

1908,  ch.  163. 

15.  All  bids  made  to  the  Major  and  City  Council  of  Balti- 
more for  supplies  or  work  for  any  purpose  whatever,  unless 
otherwise  provided  in  this  article,  shall  be  opened  by  a  board,  or 
a  majority  of  them,  consisting  of  the  Mayor,  who  shall  be  presi- 
dent of  the  same,  the  Comptroller,  City  Register,  City  Solicitor, 
and  the  President  of  the  Second  Branch,  which  board,  or 
majority  of  them,  shall,  after  opening  said  bids,  award  the 
contract  to  the  lowest  responsible  bidder,  provided,  however, 
that  whenever  alternative  bids  are  invited  for  two  or  more 
different  things,  then  the  said  board  shall  have  power  and 
authority,  in  its  discretion,  after  all  bids  have  been  opened,  to 
select  the  particular  thing  which  shall  be  adopted,  and  thereupon 
the  said  board  shall  award  the  contract  to  the  lowest  responsible 
bidder  for  and  upon  the  particular  thing  so  selected,  and  any 
recommendations  which  may  be  made  by  any  department,  sub- 
department,  municipal  officers  not  embraced  in  a  department,  spe- 
cial commission  or  board  as  to  the  particular  thing  to  be  selected 
by  said  board,  shall  be  advisory  only,  and  not  binding  upon  said 
board ;  provided,  however,  that  nothing  in  this  Act  relative  to 
alternative  bidding  shall  apply  to  the  Annex  Improvement  Com- 
mission created  by  chapter  274  of  the  Acts  of  1904,  providing 
for  the  Annex  loan  subsequently  approved  by  the  people  of 
Baltimore  City.     Bids  when  filed  shall  be  irrevocable.     The 


59 

successful  bidder  shall  promptly  execute  a  formal  contract  to  be 
approved  as  to  its  form,  terms  and  conditions  by  the  City 
Solicitor,  and  he  shall  also  execute  and  deliver  to  the  Maj^or  a 
good  and  sufficient  bond  to  be  approved  by  the  Ma^^or  in  the 
amount  of  the  contract  price.  To  all  such  bids  there  shall  be 
attached  a  certified  check  of  the  bidder  upon  some  clearing 
house  bank,  and  the  bidder  who  has  had  the  contract  awarded 
to  him,  and  who  fails  to  promptly  and  properly  execute  the 
required  contract  and  bond  shall  forfeit  said  check.  The  said 
check  shall  be  taken  and  considered  as  liquidated  damages,  and 
not  a  penalty,  for  failure  of  said  bidder  to  execute  said  contract 
and  bond.  Upon  the  execution  of  said  contract  and  bond  by 
the  successful  bidder,  the  said  check  shall  be  returned  to  him. 
The  amount  of  said  check  shall  be  five  hundred  dollars,  unless 
otherwise  provided  by  ordinance,  or  an  order  or  regulation  of 
the  department  for  whose  use  the  bids  are  made  and  contract 
entered  into.  The  checks  of  the  unsuccessful  bidders  shall  be 
returned  to  them  after  opening  the  bids  and  awarding  the  con- 
tract to  the  successful  bidder. 

American  Lighting  Co.  v.  McCuen,  92  Md.  705.  Packard  v.  Hayes.  94 
Md.  233.  Smith  v.  Hayes,  98  Md.  485.  Callaway  v.  Baltimore,  99  Md. 
315.  Building  Supply  Co.  v.  Baltimore  City,  100  Md.  192.  Flack  v. 
Mayor,  etc.,  Baltimore,  104  Md.  130. 

When  the  lowest  bid  is  not  in  conformity  with  the  specifications  a9 
advertised,  the  contract  may  be  awarded  to  the  next  lowest  bidder. 
Maryland  Pavement  Co.  v.  Mahool,  130  Md.  397. 

In  the  absence  of  fraud  or  collusion,  decision  of  Board  of  Awards  on 
responsibility  of  "bidder  conclusive. 

Knight  v.  M.  &  C.  C,  Daily  Record,  July  1,  1913. 

The  bid  is  irrevocable  and  cannot  be  withdrawn  or  altered  after  filing. 
Baltimore  v.   Robinson,  123  Md.  660. 

The  certified  check  deposited  at  the  time  of  filing  a  bid  is  forfeited 
if  the  bidder  fails  to  execute  the  contract  and  furnish  the  requisite  bond. 
Baltimore  v.   Robinson,  123  Md.  660. 

P.  L.  L.,   (1888)  Art.  4,  sec.  7.     1914,  ch.  512. 

16.  The  inhabitants  of  the  City  of  Baltimore  qualified  to 
vote  for  members  of  the  House  of  Delegates  shall,  on  the 
Tuesday  next  after  the  first  Monday  in  May,  eighteen  hinidrod 
and  ninety-nine,  and  on  the  same  day  and  month  in  every  fourth 
year  thereafter,  elect  by  ballot  a  person  of  known  iutegrity, 
experience  and  sound  judgment,  over  twenty-five  years  of  age, 
a  citizen  of  the  United  States,  and  ten  years  a  resident  of  said 
City  next  preceding  the  election,  and  either  assesscvl  with 
property  in  said  city  to  the  amount  of  two  thousand  dollars, 
and  who  has  paid  tsixcs  thereon  for  two  years  preceding  his 
election,  or  who  has  hitherto  held  elective,  e.\ecutivo  or  legisla- 


60 

tive  office  under  the  Government  of  the  United  States  or  the 
State  of  Maryland,  or  the  City  of  Baltimore,  to  be  Mayor  of 
the  City  of  Baltimore ;  but  the  Mayor  chosen  at  the  first  election 
under  this  section  shall  not  enter  upon  the  discharge  of  the 
duties  of  the  office  until  the  expiration  of  the  term  of  which  the 
present  Mayor  was  elected,  unless  the  said  office  of  Mayor  shall 
become  vacant  by  death,  resignation,  removal  from  the  State  or 
other  disqualification  of  the  present  Mayor. 

17.  Prior  to  every  municipal  election,  as  provided  for  in 
this  Article,  there  shall  be,  on  the  first  and  second  Mondays  of 
April,  a  supplementary  registration  of  voters  of  Baltimore  City, 
which  registration  shall  be  under  the  supervision  of  the  Super- 
visors of  Election,  and  conducted  in  conformity  with  the  pro- 
visions of  the  law  then  in  force  relating  to  the  registration  of 
voters.  On  each  day  of  said  registration  the  registers  shall 
revise  the  list  of  registered  voters  made  at  their  last  regular 
sitting,  by  adding  the  names  of  those  persons  who  are  entitled 
to  registration  at  that  time,  and  striking  from  said  registration 
lists  the  names  of  those  persons  who  have  died  or  become  dis- 
qualified since  the  said  last  sitting^  and  the  registration  lists 
used  at  the  preceding  November  election,  after  being  revised  as 
herein  directed,  shall  be  used  at  the  municipal  election  in  May. 

18.  In  case  of  vacancy  in  the  office  of  Mayor  by  death,  resig- 
nation or  permanent  disqualification,  the  President  of  the 
Second  Branch  of  the  City  Council  shall  be  Mayor  for  the 
residue  of  the  term  for  which  the  said  Mayor  was  elected. 

19.  In  case  of  sickness  or  necessary  absence  of  the  Mayor, 
the  President  of  the  Second  Branch  of  the  City  Council  shall 
be  ex  ojficio  Mayor  of  the  City  during  the  continuance  of  said 
sickness  or  necessary  absence. 

20.  The  term  of  Mayor  shall  commence  on  the  Tuesday  next 
after  the  third  Monday  of  May  succeeding  his  election,  and 
continue  for  four  years,  and  until  his  successor  shall  be  elected 
and  qualified,  and  he  shall  receive  a  salary  of  six  thousand 
dollars  per  annum,  payable  monthly.  He  may  appoint  such 
persons  to  aid  him  in  the  discharge  of  his  duties  as  may  be 
prescribed  by  ordinance. 

1906,  ch.  420. 

20A.  Hereafter,  all  checks  of  the  Mayor  and  City  Council 
of  Baltimore  shall  be  signed  by  the  City  Register  and  counter- 


61 

signed  by  either  the  Mayor  or  the  City  Comptroller  and  all 
bonds  executed  in  favor  of  the  Mayor  and  City  Council  of  Balti- 
more shall  be  approved  either  by  the  Mayor  or  by  the  City  Comp- 
troller, and  all  contracts  relative  to  the  respective  departments  of 
the  City  Government,  sub-departments,  municipal  officers  not 
embraced  in  a  department,  special  commissions  or  boards,  sliall 
be  executed  on  behalf  of  the  Mayor  and  City  Council  of  Balti- 
more by  either  the  Mayor  or  the  respective  heads  of  said  depart- 
ments, sub-departments,  municipal  officers  not  embraced  in  a 
department,  special  commissions  or  boards,  or  the  chairman  or 
President  as  the  case  may  be,  of  said  special  commissions  or 
boards. 

P.  L.  L.,  (I860)  Art.  4,  sec.  8.    P.  L.  L.,  (1888)  Art.  4,  sec.  11. 

21.  The  Mayor,  by  virtue  of  his  office,  shall  have  all  the 
jurisdiction  and  power,  as  a  conservator  of  the  peace,  of  a 
Justice  of  the  Peace,  and  may  call  upon  any  officer  of  the  city 
entrusted  with  the  receipt  or  expenditure  of  public  money,  for 
a  statement  of  his  account  as  often  as  he  may  think  necessary, 
and  may  at  any  time  by  expert  accountants  and  bookkeepers, 
examine  the  books  and  accounts  of  any  department,  sub-depart- 
ment, municipal  board,  officer,  assistant,  clerk,  subordinate  or 
employe. 

Mayor,  &c.  v.  Dechert,  32  Md.  369. 

P.  L.  L.,  (1860)  Art.  4,  sec.  9.    P.  L.  L.,  (1888)  Art.  4,  sec.  12. 

22.  The  Mayor  shall  see  that  the  ordinances  and  resolutions 
are  duly  and  faithfully  executed,  and  shall  report  to  the  City 
Council  as  soon  as  practicable  after  the  first  day  of  January  in 
each  year,  the  general  state  of  the  city,  with  an  accurate  account 
of  the  money  received  and  expended,  to  be  published  for  the 
information  of  the  citizens.  He  shall  have  general  supervision 
over  all  departments,  sub-departments,  municipal  officers,  not 
embraced  in  a  department  and  special  commissioners  or  boards. 

Baltimore  v.  Radecke,  49  Md.  217.    Cumberland  v.  Wilson,  .W  Md.  138. 

P.  L.  L..  (1860)  Art.  4,  sees.  10,  11.    P.  L.  L.,  (1888)  Art.  4,  sees.  13,  14. 

23.  All  ordinances  or  resolutions  duly  passed  by  the  City 
Council,  after  being  properly  certified  by  the  Presidents  of  the 
First  and  Second  Branches  of  the  City  Council  as  having  been 
so  passed,  shall  be  delivered  by  the  Clerk  of  the  ]>rancli  in 
which  the  same  originated,  to  the  ]\layor  for  his  approval,  and 
there  shall  be  noted  on  said  ordinances  or  resolutions  the  dat(^  of 
said  delivery;  and,  when  approved  ])y  him,  they  sliall  become 


62 

ordinances  or  resolutions  of  the  Mayor  and  City  Council  of 
Baltimore.  If  the  Mayor  shall  not  approve  of  any  ordinance 
or  resolution  so  passed  by  the  City  Council  he  shall  return  the 
same  with  his  objections  in  writing  to  the  Branch  in  which  the 
said  ordinance  or  resolution  originated,  within  five  days  of 
actual  regular  sittings  of  said  Branch,  excluding  special  sittings 
called  by  the  Mayor,  occurring  after  such  delivery  of  said 
ordinance  or  resolution  to  him,  which  objections,  upon  receipt  of 
the  same  by  said  Branch,  shall  be  forthwith  read  to  such  Branch 
and  entered  at  large  on  its  Journal ;  and  such  Branch  shall,  after 
five  days  and  within  ten  days  after  such  ordinance  or  resolution 
shall  have  been  returned  to  it  by  the  Mayor,  proceed  to  recon- 
sider and  vote  upon  the  same.  If  such  ordinance  or  resolution 
shall,  after  reconsideration,  be  again  passed  by  three-fourths  of 
all  the  members  elected  to  said  Branch  it  shall  be  forthwith  sent, 
with  the  objections  of  the  Mayor,  to  the  other  Branch,  and  after 
five  days  and  within  ten  days,  after  it  is  so  sent,  it  shall  likewise 
be  reconsidered  and  voted  upon  also  by  said  other  Branch,  and 
if  passed  by  a  vote  of  three-fourths  of  all  the  members  elected 
to  said  other  Branch  it  shall  be  and  become,  to  all  intents  and 
purposes,  an  ordinance  or  resolution  of  the  Mayor  and  City 
Council  of  Baltimore.  In  such  cases,  after  said  reconsideration, 
the  votes  on  the  question  of  the  passage  of  such  ordinance  or 
resolution  over  the  veto  of  the  Mayor  shall  be  determined  by 
yeas  and  nays,  and  the  names  of  the  persons  voting  for  and 
against  the  passage  of  said  ordinance  or  resolution  over  the  veto 
of  the  Mayor  shall  be  entered  on  the  respective  Journals  of  each 
Branch  of  the  City  Council.  If  any  ordinance  or  resolution 
duly  passed  by  the  City  Council  shall  not  be  returned  by  the 
Mayor  to  the  Branch  of  the  City  Council  in  which  the  same 
originated  within  five  days  of  its  actual  regular  sittings,  exclud- 
ing special  sittings  called  by  the  Mayor,  after  it  shall  have 
been  delivered  to  him,  the  same  shall  become  an  ordinance  or 
resolution  of  the  Mayor  and  City  Council  of  Baltimore  in  the 
same  manner  as  if  the  Mayor  had  approved  it,  unless  the  City 
Council  by  an  adjournment  sine  die,  or  for  a  period  exceeding 
one  month,  shall  prevent  its  return.  In  case  an  ordinance  or 
resolution  duly  passed  by  the  City  Council  shall  embrace 
different  items  of  appropriation  the  Mayor  may  approve  the 
provisions  thereof  relating  to  one  or  more  items  of  appropriation 
and  disapprove  the  others,  and  in  such  case  those  he  shall 
approve  shall  become  effective  and  those  which  he  shall  not 
approve  shall  be  reconsidered  in  manner  and  form  as  herein- 
before prescribed  in  this  section,  by  both  Branches  of  the  City 


63 

Council,  and  shall  become  effective  if  again  passed  over  the 
veto  of  the  Mayor  by  the  vote  as  above  prescribed  for  the  passage 
over  the  veto  of  the  Mayor  of  entire  ordinances  or  resolutions. 
The  mode  and  manner  of  procedure  of  both  Branches  of  the  City 
Council  and  of  the  JMayor  in  the  matter  of  the  veto  of  one  or  more 
distinct  items  of  appropriation  in  any  ordinance  or  resolution 
shall  be  the  same  as  the  mode  and  manner  of  procedure  pre- 
scribed in  this  section  for  the  passage  of  an  entire  ordinance  or 
resolution  over  the  veto  of  the  Mayor. 

Baltimore  City  v.  Gorter,  93  Md.  1.  See  note  to  Hooper  v.  Creager,  84 
Md.  197.  Heiskell  v.  Mayor,  65  Md.  149.  Also,  Murdocli  v.  Strange,  99 
Md.  89. 

24.  The  Mayor  shall  summon  all  the  heads  of  departments 
to  a  conference  on  municipal  matters  at  least  once  in  each  fiscal 
year,  and  oftener,  if  he  thinks  the  public  interests  will  be 
promoted  thereby,  and  every  head  of  department  shall  report  to 
him,  orally  or  in  writing,  as  he  may  prefer,  once  in  every  month. 

P.  L.  L.,  (1860)  Art.  4,  sec.  26.    1880,  ch.  101.    P.  L.  L.,   (1888)  Art.  4, 

sec.  31. 

25.  The  Mayor  shall  have  the  sole  power  of  appointment 
of  all  heads  of  departments,  heads  of  sub-departments,  municipal 
ofiicers  not  embraced  in  a  department  and  all  special  commis- 
sioners or  boards,  except  as  otherwise  provided  in  this  Article, 
subject  to  confirmation  by  a  majority  vote  of  all  the  members 
elected  to  the  Second  Branch  of  the  City  Council ;  provided  said 
Second  Branch  shall  take  action  on  such  nomination  within 
the  first  three  regular  succeeding  sittings  of  said  Brnnch  after 
said  nominations  are  sent  to  it  by  the  Mayor.  If  the  Branch 
fails  to  take  such  action  within  said  time,  then  the  person  or 
persons  so  nominated  shall  be  to  all  intents  and  purposes  such 
officer  or  officers  as  if  they  had  been  confirmed  by  said  Second 
Branch.  If  said  Second  Branch  shall,  by  the  required  vote  and 
in  the  prescribed  time,  refuse  to  confirm  such  nominations^  the 
Mayor  shall,  within  the  next  three  regular  succeeding  sittings 
of  said  Branch,  send  to  it  other  name  or  names  for  such  office  or 
offices,  and  the  duties  of  said  Second  Branch  and  the  Mayor 
shall  continue  to  be  as  above  prescribed  until  a  confirmation  is 
liad  or  a  failure  to  act  for  three  regnlar  succeeding  sittings  by 
the  said  Second  Branch  occnrs.  "^rhe  flavor  shall  have  the 
power  to  remove  at  pleasure,  dnring  the  first  six  monlJis  of  their 
respective  terms,  the  heads  of  nil  departments  or  members 
thereof,  heads  of  sub-departments  or  members  thereof,  municipal 
officers  not  embraced  in  a  department  and  special  commissions 


64 

or  boards,  or  members  thereof,  appointed  by  him,  but  after  six 
months  the  Mayor  shall  only  remove  said  officials  for  cause,  after 
charges  preferred  against  them,  notice  given  and  trial  had  before 
the  Mayor.  The  terms  of  all  municipal  officials  appointed  by 
the  Mayor  shall  be  four  years,  unless  otherwise  provided  for  in 
this  Article.  All  municipal  officials  who  are  appointed  by  the 
Mayor  shall  be  appointed  in  the  month  of  September  succeeding 
his  election,  and  enter  into  their  respective  offices  on  the  first 
Monday  in  October,  immediately  following  their  respective 
appointments,  or  as  soon  thereafter  as  their  appointments  have 
been  confirmed,  as  above  provided,  if  appointed  or  confirmed 
subsequent  thereto ;  but  the  Mayor  first  chosen  under  this 
Article  shall  appoint  said  officials  in  the  month  of  February 
succeeding  his  election,  subject  to  confirmation  by  the  Second 
Branch  of  the  City  Council,  and  they  shall  enter  upon  their 
duties  on  the  succeeding  first  of  March,  and  shall  hold  office  until 
their  successors  under  the  provisions  of  this  Article,  are  ap- 
pointed and  qualified  unless  sooner  removed  under  the  provisions 
of  this  Article.  All  municipal  officials,  boards  and  commis- 
sioners in  office  under  the  Mayor  and  City  Council  of  Baltimore, 
upon  the  date  of  the  passage  of  this  Article,  unless  otherwise  pro- 
vided in  this  Article,  shall  hold  their  respective  offices  under 
existing  laws  and  ordinances,  the  same  as  if  this  Article  had  not 
been  passed,  until  their  successors  are  appointed,  as  provided 
in  this  section,  in  February  nineteen  hundred;  they  shall  be 
subject  to  removal,  as  provided  in  said  laws  and  ordinances,  and 
all  vacancies  occurring  in  said  offices  shall  be  filled  as  now 
provided  for  in  said  existing  laws  and  ordinances ;  said  munici- 
pal officials,  boards  and  commissioners  shall  perform  the  duties 
respectively  now  prescribed  by  existing  laws  and  ordinances 
which  are  not  inconsistent  with  the  provisions  of  this  Article,  and 
they  shall  also  perform  such  additional  duties  as  may  be 
required  to  be  performed  by  such  officers  in  this  Article.  The 
Mayor  first  elected  under  the  provisions  of  this  Article,  shall 
organize  the  municipal  government  of  Baltimore  City,  as 
provided  for  in  said  Article,  and  appoint  the  heads  of  depart- 
ments, sub-departments,  municipal  officers,  boards  and  commis- 
sions provided  for  therein,  in  the  month  of  February,  nineteen 
hundred.  All  persons  appointed  by  the  Mayor,  as  well  as  those 
municipal  officials  elected  by  the  people  or  by  the  joint  conven- 
tion of  the  City  Council,  shall,  before  entering  upon  the  dis- 
charge of  their  respective  duties,  qualify  by  taking  before  the 
Mayor  an  oath  to  faithfully  perform  the  duties  of  their  re- 
spective offices,  and  that  they  will  support  the  Laws  and  Consti- 
tutions of  the  United  States  and  of  the  State  of  Maryland.     A 


65 

test  book  shall  be  kept  by  the  Mayor,  which  shall  be  signed  at 
the  time  of  taking  the  oath  aforesaid  by  said  officials,  and  after 
the  qualifications  aforesaid,  the  Mayor  shall  issue  to  the  said 
officials  a  commission  signed  by  himself  with  the  corporate  seal 
attached.  All  vacancies  occurring  in  any  of  the  offices  which 
the  Mayor  is  empowered  to  fill,  during  the  recess  of  the  Second 
Branch,  unless  otherwise  provided  in  this  Article,  shall  be  filled 
by  the  Mayor  until  the  next  reg-ular  meeting  of  the  Second 
Branch,  at  which  meeting  the  Mayor  shall  present  the  name  of  a 
person  for  confirmation  to  fill  said  vacancy,  and  the  mode  and 
manner  of  procedure  in  such  a  case  shall  be  the  same  as  provided 
for  in  this  section  for  other  appointments  by  the  Mayor  and 
confirmation  by  the  Second  Branch. 

On  construction  of  section  25,  see  Robinson  v.  Baltimore  City,  93  Md. 
212.  McClellan  v.  Marine,  98  Md.  54.  Baltimore  City  v.  Lyman,  92  Md. 
591. 

As  to  oath  of  office  and  its  legal  significance,  see  Thomas  v  Owens, 
4  Md.  189.  Harwood  v.  Marshall,  9  Md.  83.  Jump  v.  Spence,  28  Md.  1. 
Archer  v.  State,  74  Md.  447;  Creager  v.  Hooper,  83  Md.  501.  Davidson 
V.  Brice,  91  Md.  691. 

As  to  term  of  and  title  to  office,  see  Thomas  v.  Owens,  4  Md.  189,  15 
Md.  465.  Jump  v.  Spence,  28  Md.  1.  Robb  v.  Carter,  65  Md.  334.  Archer 
V.  State,  74  Md.  453.  County  Commissioners  v.  School  Commrs.,  77  Md. 
283.  Miles  v.  Stevenson,  80  Md.  366.  Creager  v.  Hooper,  83  Md.  490. 
Ash  V.  McVey,  85  Md.  130.  Wells  v.  Monroe,  86  Md.  445.  Duer  v.  Daniell, 
91  Md.  660.  Keyser  v.  Upshur,  92  Md.  778.  Hagerstown  v.  Williams, 
96  Md.  237. 

As  to  power  of  appointment  and  removal,  see  Townsend  v.  Kurtz,  83 
Md.  340.  Hooper  v.  Creager,  84  Md.  241.  Hooper  v.  New,  85  Md.  565. 
Hooper  v.  Farnen,  85  Md.  587.  Field  v.  Malster,  88  Md.  691.  School 
Commrs.  v.  Goldsborough,  90  Md.  193.  Street  Commrs.  v.  Williams,  96 
Md.  237. 

1880,  ch.  101.    P.  L.  L.,  (1888)  Art.  4,  see.  31. 

26.  ISTo  person  shall  at  any  time  hold  more  than  one  office 
yielding  pecuniary  compensation  under  the  Mayor  and  City 
Council  of  Baltimore.  All  municipal  officials,  except  females, 
shall  be  registered  voters  of  the  City  of  Baltimore. 

Baltimore  City  v.  Lyman,  92  Md.  591. 

27.  All  heads  of  departments,  heads  of  sub-departments, 
municipal  officers  not  embraced  in  a  department,  or  special 
commissions  or  boards,  provided  for  in  this  Article,  slinll  bold 
their  offices  until  their  successors  are  appointed  or  elected  and 
qualified. 

28.  The  heads  of  departments,  heads  of  sub-dopartnients, 
municipal  officers  not  embraced  in  a  department,  and  all  special 

(4) 


66 

commissions  or  boards  shall  have  the  sole  power  of  appointment 
and  removal  at  pleasure  of  all  deputies,  assistants,  clerks  and 
subordinate  employees  employed  by  them,  unless  otherwise  pro- 
vided in  this  Article. 

Baltimore  City  v.  Lyman,  92  Md.  611.  American  Lighting  Co.  v. 
McCuen,  92  Md.  705.  As  to  appointment  of  subordinates  prior  to  new 
etiarter,  see  Hooper  v.  New,  85  Md.  565. 

29.  All  heads  of  departments,  shall  have  the  privilege  of  the 
floor  in  the  First  Branch  of  the  City  Council  at  its  sittings,  and 
shall  be  entitled  to  participate  in  the  discussion  of  matters  relat- 
ing to  their  respective  departments,  but  shall  have  no  vote. 
When  the  head  of  a  department  is  a  Board,  or  composed  of  more 
than  one  person,  the  President  thereof  shall  be  entitled  to  the 
privilege  provided  for  in  this  section. 

30.  The  Mayor,  in  appointing  all  heads  of  departments,  sub- 
departments,  boards  and  commissions  or  members  of  any  such, 
composed  of  more  than  one  person,  shall  appoint  a  minority  of 
the  members  of  each  of  such  bodies  of  persons  from  a  different 
political  party  from  those  forming  the  majority  of  said  depart- 
ments, sub-departments,  boards  and  commissions  or  members  of 
any  such,  and  in  ascertaining  the  political  party  from  which 
such  minority  representatives  shall  be  taken,  he  shall  select  from 
that  party  which  cast  the  next  highest  vote  at  the  preceding 
election. 

EXECUTIVE  DEPAETMENT. 

31.  The  executive  power  of  the  Mayor  and  City  Council  of 
Baltimore  shall  be  vested  in  the  Mayor,  the  departments,  sub- 
departments,  municipal  officers  not  embraced  in  a  department 
herein  provided  for,  and  such  special  commissioners  or  boards 
as  may  hereafter  be  provided  for  by  laws,  or  ordinances  not 
inconsistent  with  this  Article.  All  municipal  officials,  unless 
otherwise  provided  for  by  laws  or  ordinances,  shall  give  bond  to 
the  city  for  the  faithful  discharge  of  their  duties,  to  be  approved 
by  the  Mayor,  and  in  such  penalties  as  may  be  prescribed  by  laws 
or  ordinances.  The  Mayor  shall  be  the  chief  executive  officer  of 
the  city,  and  in  addition  to  the  following  administrative  depart- 
ments, sub-departments,  and  municipal  officers  not  embraced  in 
a  department,  there  shall  be  such  assistants,  clerks  and  employees 
to  said  departments,  sub-departments  and  municipal  officers  as 
may  be  prescribed  by  ordinances  not  inconsistent  with  this 
Article  not  herein  otherwise  provided  for.    The  several  heads  of 


67 

« 

departments,  heads  of  sub-departments,  municipal  officers  not 
embraced  in  a  department,  and  special  commissions  or  boards, 
shall  have  the  power  to  pass  such  rules  and  regulations,  not 
inconsistent  with  the  laws  or  ordinances,  for  the  government  of 
their  respective  departments  as  they  may  deem  right  and  proper. 
All  heads  of  departments  composed  of  Boards  shall  hold  at  least 
one  meeting  every  month  for  the  purpose  of  consultation  and 
advice,  and  in  order  to  become  familiar  with  the  business  and 
the  mode  of  conducting  the  same,  of  the  sub-departments  of 
their  respective  departments,  A  record  of  all  the  proceedings 
and  official  acts  of  heads  of  departments  and  sub-departments, 
municipal  officials  and  commissioners  shall  be  kept  in  a  well- 
bound  book,  and  a  certified  copy  of  said  record  or  any  part 
thereof  under  the  corporate  seal  of  the  city  shall  be  admissible  in 
evidence  in  any  Court  of  this  State  as  proof  of  such  record  or 
part  thereof. 

The  said  executive  departments  shall  be  as  follows : 

(I)  Department  of  Finance, 
With  the  following  sub-departments: 

1.  Comptroller. 

2.  City  Register. 

3.  Board  of  Estimates. 

4.  Commissioners  of  Finance. 

5.  City  Collector. 

6.  Collector  of  Water  Rents  and  Licenses. 

(II)  Department  of  Law. 
Composed  of 

City  Solicitor. 

(III)  Department  of  Public  Safety, 
With  the  following  sub-departments: 

1.  Board  of  Fire  Commissioners. 

2.  Commissioner  of  Health. 

3.  Inspector  of  Buildings. 

4.  Commissioner  of  Street  Cleaning. 

(IV)  Department  of  Public  Improvements, 
With  the  following  sub-departments: 

1.  City  Engineer. 

2.  Water  Board. 

3.  Harbor  Board. 

4.  Inspector  of  Buildings. 

(V)  Department  of  Parks  and  Squares. 
Composed  of 

Board  of  Park  Commissioners. 


68 

» 

(VI)  Department  of  Education. 
Composed  of 

Board  of  School  Commissioners. 

(VII)  Department  of  Charities  and  Corrections, 
With  the  following  sub-departments : 

1.  Supervisors  of  City  Charities. 

2.  Visitors  to  the  Jail. 

(VIII)  Department  of  Review  and  Assessment, 
With  the  following  sub-departments : 

1.  Appeal  Tax  Court. 

2.  Commissioners  for   Opening  Streets. 

(IX)  Division  Embracing  Municipal  Officers,  not  Included 
in  any  Department : 

1.  City  Librarian. 

2.  Art  Commission. 

3.  Superintendent  of  Lamps  and  Lighting. 

4.  Surveyor. 

5.  Constables. 

6.  Superintendent  of  Public  Buildings. 

7.  Public  Printer. 

Baltimore  City  v.  Lyman,  92  Md.  600. 

As  to  bonds  of  municipal  officials,  see  Hecht  v.  Coale,  93  Md.  692. 
Vansant  v.  State,  96  Md.  110.   Murdoch  v.  Strange,  99  Md.  89. 

As  to  breach,  penalty  and  damages  recoverable  generally  in  relation 
to  bonds,  see  Mutual  Life  Insurance  Company  v.  Hantske,  Daily  Record, 
December  15,  1900. 

DEPAETMENT  OF  FIE'ANCE. 

32.  There  shall  be  a  Department  of  Finance  of  the  Mayor 
and  City  Council  of  Baltimore  which  shall  consist  of  the 
Comptroller,  City  Eegister,  Board  of  Estimates,  Commissioners 
of  Finance,  City  Collector  and  Collector  of  Water  Eents  and 
Licenses.  The  head  of  said  Department  shall  consist  of  a 
Board  of  Finance  composed  of  the  Comptroller,  City  Eegister, 
President  of  the  Board  of  Estimates,  President  ol  the  Com- 
missioners of  Finance,  City  Collector  and  Collector  of  Water 
Eents  and  Licenses.  This  Board  shall  be  for  consultation  and 
advice,  and  it  shall  have  no  power  to  direct  or  control  the  duties 
or  the  work  of  any  sub-department.  It  shall  perform  such 
other  duties  as  may  be  prescribed  by  ordinances  not  incon- 
sistent with  this  Article.  The  Comptroller  shall  be  the  Presi- 
dent of  said  Board.  The  fiscal  year  of  the  Mayor  and  City 
Council  of  Baltimore  shall  begin  on  the  first  day  of  January 
and  end  on  the  thirty-first  day  of  December  in  every  year. 


69 

1906,  ch.  459. 

33.  The  Comptroller  shall  be  elected  bj  the  inhabitants  of 
the  City  of  Baltimore  qualified  to  vote  for  Mayor  on  the  'J'ues- 
day  next  after  the  first  Monday  in  May,  in  the  year  eighteen 
hundred  and  ninety-nine,  and  on  the  same  day  and  month  in 
every  fourth  year  thereafter.  He  shall  be  a  person  possessing 
the  same  qualifications  as  herein  prescribed  for  Mayor.  The 
term  of  the  Comptroller  shall  commence  on  the  Tuesday  next 
after  the  third  Monday  in  May  in  the  year  eighteen  hundred 
and  ninety-nine,  and  continue  for  four  years,  and  until  his 
successor  is  elected  and  qualified,  and  he  shall  receive  a  salary  of 
four  thousand  dollars  per  annum,  payable  monthly. 

Baltimore  City  v.  Lyman,  92  Md.  610. 

34.  The  Comptroller  shall  be  the  head  of  the  first  sub-de- 
partment of  Finance,  and  he  shall  appoint  a  Deputy  Comp- 
troller and  such  clerks  as  may  be  provided  for  by  ordinance, 
including  one  to  be  known  as  the  Audit  Clerk,  and  another  for 
the  collection  of  harbor  and  wharf  rents,  to  be  known  as  Har- 
bor Master,  with  such  assistants  to  him  as  may  be  provided  for 
by  ordinance,  and  another  for  the  collection  of  fees  for  the  in^ 
spection  of  weights  and  measures,  to  be  known  as  the  Inspector 
of  Weights  and  Measures,  with  such  assistants  to  him  as  may 
be  provided  for  by  ordinance,  and  another  to  be  known  as  ]\Iar- 
ket  Master,  with  such  assistants  to  him  as  may  be  provided  by 
ordinance.  The  salary  of  such  Deputy,  assistants  and  clerks 
shall  be  fixed  by  ordinances.  All  of  such  appointees  shall  be 
subject  to  the  written  approval  of  the  Mayor.  The  Comptroller 
shall  have  general  supervision  over  the  financial  matters  of  the 
city,  and  shall  have  oversight  of  all  sub-departments  in  this 
department.  No  claim,  account  or  demand  against  the  city  of 
any  kind  whatsoever  shall  be  paid  unless  first  audited  and  ap- 
proved by  the  Comptroller.  All  moneys  collected  for  the  use 
of  the  city  by  any  municipal  official,  unless  otherwise  provided 
in  this  Article,  shall  be  turned  over  to  the  Comptroller  and  by 
him  deposited  with  the  City  Register.  He  shall  perform  such 
other  duties  as  may  be  prescribed  by  ordinances,  not  incon- 
sistent with  this  Article.  In  case  of  temporary  absence  or  dis- 
qualification of  the  Comptroller,  or  a  vacancy  occurring  in  said 
office  from  any  cause,  tlic  Deputy  Comy)lr«)llor  shall,  during 
such  absence  or  disqualification  or  vacancy  from  any  cansc,  a(^t 
as  Comptroller.  The  Second  Branch  of  the  City  Council  by 
a  majority  vote  of  all  the  members  elected  to  said  Brancli,  may 
remove  the  Comptroller  from  office  for  incompetency,  wilful 


70 

ueglect  of  duty  or  misdemeanor  in  office,  upon  charges  pre- 
ferred by  the  Mayor,  and  after  notice  of  such  charges  is  given 
to  the  Comptroller  and  an  opportunity  aiforded  him  to  be  heard 
by  said  Branch. 

1908,  ch.  131. 

35.  The  City  Kegister  shall  be  the  head  of  the  second  sub- 
department  of  hnance,  and  he  shall  be  the  register  of  the  public 
debt  and  also  the  custodian  of  all  moneys  belonging  to  the 
Mayor  and  City  Council  of  Baltimore.  He  shall  be  appointed 
by  a  joint  convention  of  the  two  Branches  of  the  City  Council 
on  the  Tuesday  next  after  the  fourth  Monday  of  May  in  the 
year  eighteen  hundred  and  ninety-nine,  and  on  the  same  day 
and  month  in  every  fourth  year  thereafter.  His  salary  shall 
be  three  thousand  and  three  hundred  dollars  per  annum,  paya- 
ble monthly,  in  addition  to  three  hundred  dollars  for  services 
rendered  the  State,  as  provided  for  in  section  108  of  Article  81, 
Code  of  Public  General  Laws.  The  Second  Branch  of  the  City 
Council,  by  a  majority  vote  of  all  the  members  elected  to  said 
Branch,  may  remove  the  City  Register  from  office  for  in- 
competency, wilful  neglect  of  duty  or  misdemeanor  in  office, 
upon  charges  preferred  by  the  Mayor,  and  after  notice  of  such 
charges  is  given  to  the  City  Register,  and  an  opportunity 
aiforded  him  to  be  heard  by  said  Branch.  The  City  Register 
shall  take  under  his  charge  and  keeping  the  corporate  seal  of 
the  city,  and  use  it  in  all  cases  which  are  now  or  may  be  here- 
after required  by  Federal  or  State  laws,  ordinances,  or  the 
uses  and  customs  of  nations,  and  shall  charge  a  fee  of  two 
dollars  for  each  impression  of  the  seal,  except  such  as  shall  be 
affixed  to  or  impressed  upon  documents  for  the  Mayor  and  City 
Council,  or  used  in  connection  with  the  affairs  of  the  city.  He 
shall  pay  to  the  Comptroller,  for  the  use  of  the  Mayor  and 
City  Council  of  Baltimore,  all  fees  so  received  by  him.  He 
shall  have  power  to  appoint  a  deputy  register,  with  a  salary 
of  two  thousand  dollars  per  annum,  payable  monthly,  and  such 
other  clerical  assistants  as  may  be  prescribed  by  ordinance  not 
inconsistent  with  this  Article.  In  case  of  a  vacancy  occurring 
in  the  office  of  City  Register  by  removal  or  otherwise,  the  joint 
convention  of  the  two  Branches  of  the  City  Council  shall  forth- 
with fill  said  vacancy.  He  shall  perform  such  other  duties  as 
may  be  prescribed  by  ordinance  not  inconsistent  with  this 
Article;  provided,  the  present  incumbent  of  the  office  of  the 
City  Register  shall  hold  his  office  until  the  expiration  of  his 
term,  as  now  provided  under  existing  laws  and  ordinances,  and 


71 

should  a  vacancy  occur  in  said  office  a  successor  shall  be  ap- 
pointed by  a  joint  convention  of  the  City  Council  for  the  balance 
of  said  term. 

State  V.  Mayor,  &c.,  52  Md.  398.    Robb  v.  Carter,  65  Md.  321.    Baltimore 
City  V.  Lyman,  92  Md.  610. 

1910,  ch.  512. 

35a.  That  the  Mayor  and  City  Council  of  Baltimore  be  and 
it  is  hereby  directed  to  pay  all  monthly  salaries  to  all  officials 
or  employees  whose  salaries  are  paid  by  or  through  the  Mayor 
and  City  Council  of  Baltimore,  one-half  on  the  first  and  one- 
half  on  the  fifteenth  day  of  each  month,  unless  otherwise  pro- 
vided by  ordinance. 

BOAKD  OF  ESTIMATES. 

OIlDi:^ANCE  OF  ESTIMATES. 

1904,  ch.  677. 

36.  The  Board  of  Estimates  shall  be  the  head  of  the  third 
Sub-Department  of  Finance,  and  shall  consist  of  the  Mayor, 
City  Solicitor,  Comptroller,  President  of  the  Second  Branch 
City  Council  and  President  of  the  Board  of  Public  Improve- 
ments. The  first  meeting  of  said  Board  in  every  year  shall  be 
called  by  notice  from  the  Mayor  or  President  of  the  Second 
Branch  City  Council  personally  served  upon  members  of  the 
said  Board.  Subsequent  meetings  shall  be  called  as  the  said 
Board  may  direct.  The  President  of  the  Second  Branch  sliall 
be  President  of  said  Board,  and  one  of  the  number  shall  act  as 
secretary,  and  said  Board  may  employ  such  clerks  as  may  be 
necessary  to  discharge  its  duties;  their  number  and  compensa- 
tion shall  be  fixed  by  ordinance.  The  said  Board  shall  have 
power  at  any  time  to  summon  before  it  the  heads  of  the  depart- 
ments and  sub-departments  and  all  municipal  officers  niid  spe- 
cial commissions  or  boards.  The  said  Board  shall  annually, 
between  the  first  day  of  October  and  the  first  day  of  November, 
meet,  and  by  an  affirmative  vote  of  a  majority  of  all  the  mem- 
bers make  out  the  following  three  lists  of  moneys  to  be  appro- 
priated by  the  City  Council  for  the  next  ensuing  fiscal  vonr: 

FIRST,  a  list 'to  be  known  as  the  "DEPAKTM  KNTAL 
ESTIMATES"  of  the  amounts  estimated  to  be  required  to  p:iy 
the  expenses  of  conducting  the  public  business  for  the  next 
ensuing  fiscal  year,  including  the  expenditures  for  the  City 
Council  for  the  salaries  of  its  members,  officers,  mikI  expenses; 


72 

said  list  shall  be  prepared  in  such  detail  as  to  the  aggregate 
sum  and  the  items  thereof  allowed  to  the  two  Branches  of  the 
City  Council,  each  department,  sub-department,  municipal  offi- 
cers not  embraced  in  a  department  and  special  commissioners 
and  boards  as  the  said  Board  shall  deem  advisable.  In  order 
to  enable  said  Board  to  make  such  list,  the  Presidents  of  the 
two  Branches  of  the  City  Council,  the  heads  of  the  departm.ents, 
heads  of  sub-departments,  municipal  officers  not  embraced  in 
a  department,  and  special  commissioners  or  boards  shall,  at 
least  thirty  days  before  the  said  list  is  hereby  required  to  be 
made,  send  to  the  said  Board  in  writing,  estimates  of  the 
amounts  needed  for  the  conduct,  respectively,  of  the  City  Coun- 
cil, departments,  sub-departments,  municipal  officers  not  em- 
braced in  a  department,  commissioners  or  boards  for  the  next 
ensuing  fiscal  year.  Such  estimates  shall  be  verified  by  the 
oath  or  affirmation  of  persons  making  them,  and  a  wilfully  false 
statement  made  in  a  material  matter  contained  in  said  esti- 
mates so  made  to  said  Board  shall  be  perjury.  The  said  esti- 
mates shall  specify,  in  detail,  the  objects  thereof,  and  tlie  items 
required  for  the  expenses  of  the  City  Council  and  the  respec- 
tive departments,  sub-departments,  municipal  officers  not  em- 
braced in  a  department  and  special  commissioners  or  boards,  as 
aforesaid,  including  a  statement  of  each  of  the  salaries  of  the 
members  of  the  City  Council  and  its  officers  and  clerks,  and  the 
salaries  of  the  deputies,  assistants,  clerks,  employees  and  sub- 
ordinates in  each  department,  sub-department,  municipal  office 
or  special  commission  or  board. 

SECOND,  a  list  containing  all  amounts  to  be  appropriated 
by  the  City  Council  for  NEW  IMPROVEMENTS  to  be  con- 
structed by  any  department  of  the  city  during  the  next  ensuing 
fiscal  year;  said  list  to  be  known  as  the  "ESTIMATES  FOR 
NEW  IMPROVEMENTS."  Heads  of  departments,  heads  of 
sub-departments,  municipal  officers  not  embraced  in  a  depart- 
ment, and  special  commissioners  or  boards  shall  in  writing, 
thirty  days  before  the  time  required  to  make  such  list  by  said 
Board,  file  with  said  Board  their  recommendations  as  to  the 
amounts  which  they  may  consider  will  be  needed  in  their  re- 
spective departments  for  new  improvements  during  the  next 
ensuing  fiscal  year. 

THIRD,  a  list  containing  all  amounts  which  by  previous 
laws,  ordinances  or  contracts  are  required  to  be  ANNUALLY 
APPROPRIATED  to  charities,  educational,  benevolent  or 
reformatory  institutions  by  the  city,  as  well  as  all  other  sums, 
if  any,  which  may  be  required  by  laws  or  ordinances  to  be 


io 


appropriated  for  other  purposes  not  embraced  in  the  preceding 
lists.  This  list  shall  be  known  as  the  ''ESTIMATES  FOK 
AXNUAL  APPEOPRIATIOXS."  The  purpose  and  object 
of  this  provision  is  that  said  three  lists  shall  embrace  all 
moneys  to  be  expended  for  the  next  ensuing  fiscal  year  for  all 
purposes  by  the  city.  After  said  three  lists  have  been  prepared, 
the  Board  of  Estimates,  shall  cause  to  be  prepared  a  draft  of  an 
ordinance  to  be  submitted  to  the  City  Council  providing  appro- 
priations sufficient  to  meet  the  amounts  called  for  by  said  three 
lists,  and  the  said  Board  shall  cause  a  copy  of  said  proposed 
ordinance,  certified  by  the  signatures  of  a  majority  of  them,  to 
be  forthwith  published  in  two  daily  newspapers  in  Baltimore 
City,  for  two  successive  days,  and  shall,  immediately  after  said 
publication,  transmit  a  copy  of  the  draft  of  the  said  proposed 
ordinance  to  the  President  of  each  Branch  of  the  City  Council, 
whereupon  a  special  meeting  of  the  City  Council  shall  be  forth- 
with called  by  the  ^layor  to  consider  such  proposed  ordinance. 
It  shall  be  the  duty  of  the  two  Branches  of  the  City  Council, 
when  so  assembled,  to  consider  and  investigate  the  estimates 
contained  in  said  proposed  ordinance,  and  to  hold  daily  ses- 
sions for  its  consideration  until  said  ordinance  is  passed.  The 
two  Branches  of  the  City  Council,  by  a  majority  vote  of  all  the 
members  elected  to  each  Branch,  may  reduce  the  said  amounts 
fixed  by  the  said  Board  in  said  proposed  ordinance,  except  such 
items  thereof  as  are  now  or  may  hereafter  be  fixed  by  law, 
and  except  such  items  as  may  be  inserted  by  said  Board  to  pay 
State  taxes,  and  to  pay  the  interest  and  principal  of  the  nnuiici- 
pal  debt.  The  City  Council  shall  not  have  the  power  to  increase 
the  amounts  fixed  by  the  Board  nor  insert  new  items  in  the 
proposed  ordinance.  When  said  proposed  ordinance,  embracing 
said  estimates,  shall  have  been  duly  passed  by  both  Branches  of 
the  City  Council  and  approved  by  the  Mayor,  it  shall  be  known 

as  the  "Ordinance  of  Estimates  for  the  year ,"  and 

said  several  sums  shall  be  and  become  appropriated,  after  the 
beginning  of  the  next  ensuing  fiscal  year,  for  the  several  pur- 
poses therein  named,  to  be  used  by  the  City  Council,  depart- 
ments, sub-departments,  municipal  officers  not  emliraced  in  a 
department,  and  special  commissions  or  boards  therein  named, 
and  for  no  other  purposes  or  uses  whatever.  The  City  Council 
sliiill  not  have  the  power,  by  any  other  or  subsc(|n(Mit  iii'iliii;iiic<' 
or  resolution,  to  enlarge  :iii\'  item  contained  in  snid  onlliKHicc 
after  the  same  is  dnly  passed,  noi-  shall  thv  City  Conncil,  hy  any 
subse(|uent  ordinanfo  or  othei-wise,  aj)pr()j)riat('  any  sums  ot 
money  to  be  used  I'oi-  the  next  ensning  fiscal  year,  for  any  of 
the  j)nrposes  embraced   in  said   Ordinance  of   Kstiniates.      Xo 


74 

appropriation  provided  for  in  said  ordinance  shall  be  diverted 
or  used  nnder  any  circumstances  for  any  purpose  than  that 
named  in  said  ordinance,  nor  shall  the  Comptroller  draw  any 
warrant  for  any  of  the  items  in  said  Ordinance  of  Estimates 
unless  he  has  received  said  amounts  and  they  are  actually  to  the 
credit  of  the  City  Council  and  such  department,  sub-depart- 
ment, officers,  commissioners  or  boards.  ISTo  temporary  loan 
shall  be  authorized  or  made  to  pay  any  deficiency  arising  from 
a  failure  to  realize  sufficient  income  from  revenue  and  taxation 
to  meet  the  amounts  provided  in  said  Ordinance  of  Estimates 
but  the  City  Council  may  temporarily  borrow  money  for  its 
use  in  anticipation  of  the  receipts  of  taxes  levied  for  any  year. 
In  case  of  any  such  deficiency  there  shall  be  a  pro  rata  abate- 
ment of  all  appropriations,  except  those  for  the  payment  of 
State  taxes  and  the  principal  and  interest  of  the  city  debt, 
and  such  amounts  as  are  fixed  by  law  and  contained  in  said 
ordinance ;  and  in  case  of  any  surplus  arising  in  any  fiscal  year 
by  reason  of  an  excess  of  income  received  from  the  estimated 
revenue  over  the  expenditures  for  such  year,  the  said  surplus 
shall  become  a  part  of  the  annual  revenue  of  the  city,  and  shall 
be  available  for  the  general  expenditures  of  the  city  for  the 
next  ensuing  fiscal  year.  Until  the  organization  of  the  said 
Board  of  Estimates  by  the  Mayor  first  elected  under  the  pro- 
visions of  this  Article,  as  provided  in  section  25  of  said  Article, 
the  Mayor,  Comptroller,  City  Register  and  City  Solicitor  shall 
compose  a  Board  to  perform  all  the  duties  required  of  the  Board 
of  Estimates  by  the  provisions  of  this  Article. 

Baltimore  City  v.  Gorter,  93  Md.  1.  Skinner  Dry  Dock  Co.  v.  Balti- 
more. 96  Md.  37.  Callaway  v.  Baltimore  City,  99  Md.  315.  Brauer  v. 
Refrigerating  Co.,  99  Md.  369. 

Party  obtaining  judgment  against  tlie  city  cannot  have  mandamus  to 
levy  a  special  tax.  Must  wait  until  provision  is  made  in  the  next  Ordi- 
nance of  Estimates. 

Kinlein  v.  Baltimore,  118  Md.  576. 

The  park  fund  under  existing  laws  is  to  be  applied  to  park  purposes 
only,  and  to  be  expended  and  distributed  for  such  purposes  by  the  Board 
of  Park  Commissioners ;  and  the  fact  that  they  had  svibmitted  estimates 
to  the  Board  of  Estimates,  and  spent  no  moneys  not  so  approved  by  the 
Board  of  Estimates  does  not  estop  the  Park  Commissioners  from  claim- 
ing the  right  to  an  injunction  to  restrain  the  diversion  of  the  park  fund 
to  other  purposes. 

Baltimore  v.  Williams,  124  Md.  502. 

The  legislature  has  the  right  by  law  to  impose  upon  the  city  a  portion 
of  the  expense  of  supporting  the  Public  Service  Commission.  The  Act 
involved  in  this  case  provided  for  a  salary  of  $3,000.00  to  be  paid  by  the 
State  and  an  additional  $3,000.00  to  be  paid  by  the  City  of  Baltimore. 

Thrift  v.  Laird,  125  Md.  55. 

Right  of  the  Board  of  Estimates  to  reduce  the  amount  of  the  estimate 


75 

of  the  Board  of  Police  Commissioners.  Mandamus  lield  to  be  imneces- 
sary  in  tliis  case  to  compel  the  city  to  assess  and  levy  the  amount  re- 
quired by  the  Police  Department,  as  the  Police  Board  has  the  authority 
to  make  requests  from  time  to  time  upon  the  City  Comptroller  for  their 
needs.  (Construed  in  connection  with  Section  747). 
McEvoy  V.  Baltimore,  125  Md.  — . 

1906,  ch.  459.     1914,  ch.  80. 

36A.  The  Board  of  Estimates  shall  have  power  to  increase 
or  decrease  the  salaries  of  all  miniicipal  officials,  and  other  per- 
sons whose  salaries  are  named  in  this  Article  or  Acts  relatino- 
to  the  City  of  Baltimore,  except  the  salaries  of  the  members 
of  the  Board  of  Estimates,  provided  the  amount  of  such  increase 
or  decrease  shall  be  inserted  as  an  item  or  items  in  the  Ordi- 
nance of  Estimates  for  any  year  and  be  subject  to  the  same  con- 
trol by  the  City  Council  as  it  now  has  under  this  Article  of 
the  general  items  inserted  in  said  ordinance.  Provided,  how- 
ever, that  when  the  salary  of  any  municipal  official  or  other 
person,  whose  salary  is  so  named,  shall  be  so  increased  or  de- 
creased it  shall  not  again  be  so  increased  or  decreased  during 
the  term  of  office  of  said  municipal  officer  or  other  person.  The 
increase  in  the  salary  of  the  Chairman  of  the  Paving  Commis- 
sion, provided  in  the  Ordinance  of  Estimates  for  1914,  is 
hereby  ratified  and  given  the  same  effect  as  if  it  had  been  made 
after  the  passage  of  this  Act. 

Does  not  apply  to  members  of  Police  Force. 

McEvoy  V.  Baltimore,  125  Md.  — .    Thrift  v.  Ammidon,  125  Md.  — . 

1912,  ch.  429. 

36B.  The  Board  of  Estimates  shall  have  power  to  appoiut, 
upon  nomination  of  the  Mayor,  a  consulting  engineer,  who 
shall  be  paid  a  salary  to  be  fixed  by  said  Board,  not  exceeding 
$4,000  per  year.  The  duty  of  the  consulting  engineer  shall 
be  to  advise  and  assist  in  the  work  of  the  various  engineering 
departments  of  the  city  when  called  upon  so  to  do.  He  shall 
decide  all  questions,  controversies  and  conflicts  between  the 
engineers  of  the  various  departments,  all  engineering  (]iu'stions 
which  come  before  the  Board  of  Estimates  may  be  referred  to 
him  for  consideration  and  advice,  and  he  shall  exercise  stu*h 
othr-r  duties  as  he  may  be  called  upon  to  exercise  by  the  Mnyor 
or  the  Board  of  Estimates.  The  consulting  engineer  shall  not 
be  regarded  as  a  mnniei|)al  f)ffieial  within  the  meaning  ot 
section  20. 

1914.  di.  .''.:'.9. 
3611.       All     piirehases    of    [ti-opei-ty,    and    olliec    coiif  raets    in- 


76 

volving  an  expenditure  of  more  than  five  hundred  dollars,  ex- 
cept those  awarded  by  the  Board  of  Awards  under  section  15 
of  the  Charter,  made  by  any  department,  sub-department, 
municipal  officer,  special  commission  or  board,  in  addition  to 
compliance  with  the  other  provisions  of  the  Charter,  shall  be 
submitted  to  the  Board  of  Estimates  for  its  approval  and  shall 
be  binding  upon  the  city  only  when  so  approved. 

The  Board  of  Police  Commissioners  are  not  subject  to  the  provisions 
of  Section  14  and  Section  36B  of  the  City  Charter. 

Thrift  V.  Ammidon,  125  Md.  — .     McEvoy  v.  Baltimore,  125  Md.  — . 

GRANTS  OF  FRA:NCHISES. 

p.  L.  L.,   (1898)  Art.  4,  see.  37.     1900,  ch.  109.     1906,  oh.  357. 

37.  Before  any  grant  shall  be  made  by  the  Mayor  and  City 
Council  of  Baltimore,  of  the  franchise  or  right  to  use  any  street, 
avenue,  alley  or  highway,  or  the  grant  of  the  franchise  or  right 
for  the  use  of  any  public  property  mentioned  in  Section  7  of 
this  Article,  the  proposed  specific  grant,  with  the  exceptions 
hereafter  in  this  Section  made,  shall  be  embodied  in  the  form 
of  an  ordinance,  with  all  the  terms  and  conditions  required  by 
the  provisions  of  this  Article,  and  snch  others  as  may  be 
right  and  proper,  including  a  provision  as  to  the  rates,  fares 
and  charges,  if  the  grant  provides  for  the  charging  of 
rates,  fares  and  charges,  and  a  provision  that  the  franchise  or 
right  shall  be  executed  and  enjoyed  six  months  after  the  grant. 
The  said  ordinance  shall,  after  having  been  introduced  in  either 
Branch  of  the  City  Council,  and  after  the  first  reading,  be 
referred  forthwith  by  the  Branch  in  which  the  same  is  ofl^ered 
to  the  Board  of  Estimates.  The  said  Board  shall  make  diligent 
inquiry  as  to  the  money  value  of  said  franchise  or  right  pro- 
posed to  be  granted,  and  the  adequacy  of  the  proposed  compen- 
sation to  be  paid  therefor  to  the  city  as  offered  in  the  ordinance 
already  introduced,  and  the  propriety  of  the  terms  and  condi- 
tions of  said  ordinance,  and  said  Board  is  empowered  to  increase 
the  compensation  to  be  paid  therefor  to  the  city,  and  alter  the 
terms  and  conditions  of  said  ordinance,  provided  such  altera- 
tions are  not  inconsistent  with  the  requirements  and  provisions 
of  this  Article,  and  it  shall  be  the  duty  of  said  Board  to  fix  in 
said  ordinance  the  said  compensation  at  the  largest  amount  it 
may  be  able  by  advertisement  or  otherwise  to  obtain  for  said 
franchise  or  riffht,  and  no  e;rant  thereof  bv  the  Citv  Council 
shall  be  made  except  for  the  compensation  and  on  the  terms 
approved  by  a  vote  or  resolution  of  the  said  Board,  entered  on 
the  minutes  or  records  of  such  Board  and  attached  to  said  ordi- 


77 

nauce,  with  the  signatures  of  a  majority  of  said  Board  signed 
to  the  same.  The  provisions  of  this  section  shall  apply  to  the 
renewal  or  extension  of  any  franchise  or  right  relating  to  the 
use  of  any  of  the  public  property  mentioned  in  section  7  of 
this  Article  now  existing,  or  which  may  hereafter  be  gi-anted 
to  any  person  or  body  corporate.  Provided,  that  the  right  to  use 
the  streets,  avenues,  alleys  or  public  property,  by  any  person  or 
body  corporate  for  steps,  porticoes,  bay  windows,  bow  windows, 
show  windows,  signs,  columns,  piers  or  other  projections  or 
structural  ornaments  of  any  character  except  so  far  as  the  same 
may  be  prohibited  by  law,  and  covered  vaults,  covered  areaways, 
drains,  drain-pipes,  or  any  other  private  purpose  not  prohibited 
by  laws  and  not  being  a  franchise  or  right  requiring  a  formal 
grant  by  ordinance  under  the  terms  of  this  section,  may  be 
granted  by  the  Board  of  Estimates  for  such  an  amount  of  money 
and  upon  such  terms  as  the  said  Board  may  consider  right  and 
proper.  Before  said  Board  shall  grant  any  such  right  the  per- 
son or  body  corporate  seeking  the  same  shall  file  before  said 
Board  in  writing  an  application  for  such  use  and  in  said  appli- 
cation the  use  desired  shall  be  stated  and  what  the  applicant  is 
willing  to  pay  for  the  same  must  be  given  and  such  person  or 
body  corporate  shall  only  enjoy  such  use  on  the  payment  of  the 
amount  of  money  named  by  said  Board  and  on  the  terms  and 
conditions  said  Board  shall  prescribe  in  writing,  and  no  ordi- 
nance or  advertisement  shall  be  necessary  or  made  in  such  cases 
as  are  named  in  the  proviso  of  this  section.  Provided,  however, 
that  copies  of  said  application  be  served  upon  the  adjoining 
property  owners  by  said  applicant  before  filing  application  be- 
fore said  Board. 

Baltimore  City  v.  Gorter,  93  Md.  12.  Purnell  v.  McLane,  98  Md.  591- 
595.    Brauer  v.  Refrigerating  Co.,  99  Md.  3G7. 

See,  section  8,  as  re-enacted  by  Act  1906,  ch.  152,  ante,  P.  54. 

In  connection  with  the  provisions  of  Section  37,  of  the  Charter,  see, 
Simon's  Sons  v.  Maryland  Tel.  &  Telegraph  Co.,  99  Md.  17.3.  Md.  Tel. 
Co.  V.  Simon's  Sons,  103  Md.  136.  Preston  v.  Likes,  Berwanger  &  Co.. 
103  Md.  191. 

Franchises  in  city  streets  may  he  granted  hy  the  Legislature. 
Dulaney  v.  United  Railways  Company.  104   Md.  440-441. 

Street  lighting — liability  of  contractor,  supplying  city — injury  by 
escape  of  gas. 

Consolidated  Gas  Co.  v.  Connor,  114  Md.  140. 

Grant  of  minor  privilege  without  notice  to  adjoining  property  void. 
Fralingor  v.  Cooke,  108  Md.  6S:?. 

Referred  to  in  The  Patapsco  Electric  Co.  v.  M.  &  C.  C,  110  Md.  310. 

A  municipality  may  be  estopped  by  the  acts  of  its  officers,  &c.,  from 
a.ssertlng  the  invalidity  of  a  grant  of  franchise. 

Hagcrstown  v.  Ilagerstown  Rvvy.,  123  Md.  1S3. 


78 

A  municipal  corporation  may  set  up  a  plea  of  ultra  vires  to  enter  into 
a  given  contract,  or  do  a  given  act,  even  though  the  other  party  to  the 
contract  has  expended  money  on  the  faith  of  said-  contract. 
Hagerstown  v.  Hagerstown  Rwy.,  123  Md.  183. 

190S,  ch.  151. 
37A.  Anything  in  the  preceding  sections  of  this  Article, 
to  the  contrary  notwithstanding,  where  ordinances  now  stand 
referred,  or  shall  hereafter  stand  referred,  to  the  Board  of  Esti- 
mates of  the  Mayor  and  City  Council  of  Baltimore,  in  the  man- 
ner provided  for  in  the  preceding  section  of  this  Article,  grant- 
ing franchises  or  rights  in  the  water  front,  wharf  property, 
land  under  the  water,  public  landings,  wharves  or  docks,  of 
the  Mayor  and  City  Council  of  Baltimore,  or  in  any  portion  or 
portions  thereof,  the  said  Board  shall  be  empowered  to  fix  the 
compensation  for  the  franchise  or  right  in  their  discretion  at 
such  sum  as  they  shall  deem  reasonable  and  adequate,  and  in 
addition  to  the  power  of  fixing  said  compensation  as  aforesaid, 
and  of  prescribing  the  terms  and  conditions  of  the  grant  in 
the  manner  provided  for  in  the  preceding  section  of  this  arti- 
cle, shall  be  empowered,  where  there  are  two  or  more  appli- 
cants for  the  franchise  or  right  who  are  prepared  to  pay  said 
compensation,  fixed  as  aforesaid,  to  grant  said  franchise  or 
right  to  either  one  of  said  applicants,  to  the  exclusion  of  the 
other,  or  of  the  rest  of  said  applicants,  as  it  may  deem  best  for 
the  interests  of  the  City  of  Baltimore;  and  it  is  also  the  pur- 
pose of  this  Act  that  where  there  are  one  or  more  of  such  ap- 
plications for  the  franchise  or  right  in  space,  included  in,  but 
less  in  dimensions  than  the  space  embraced  in  another  or  other 
of  such  applications,  the  said  board  shall,  in  addition  to  the 
power  of  fixing  said  compensation  as  aforesaid,  and  of  pre- 
scribing the  terms  and  conditions  of  the  grant  as  aforesaid, 
be  also  empowered  to  determine,  in  its  discretion,  whether  the 
grant  shall  be  made  to  the  applicant,  or  to  one  of  the  appli- 
cants, applying  at  said  compensation  fixed  as  aforesaid  for  the 
franchise  or  right  in  the  greater  space,  or  to  the  applicant 
or  one  of  the  applicants,  applying  at  said  compensation,  fixed 
as  aforesaid,  for  the  franchise  or  right  in  the  lesser  space  ac- 
cordingly, as  the  said  Board  may  deem  best  for  the  interests  of 
the  people  of  Baltimore.  'No  grant  of  the  franchise  or  right  in 
any  of  the  public  property  mentioned  in  this  section  of  this 
Article,  or  in  any  portion  or  portions  thereof,  shall  be  made 
by  the  City  Council,  except  for  the  compensation,  and  upon 
the  terms  and  conditions,  and  to  the  grantee  or  grantees  ap- 
proved by  a  vote  or  resolution  of  the  said  Board,  entered  on  the 


79 

minutes  or  records  of  the  said  Board,  and  attached  to  the  ordi- 
nance granting  the  franchise  or  right  to  the  gi'antee  or  grantees, 
approved  by  the  said  Board,  with  the  signatures  of  a  majority 
of  the  said  Board  signed  to  the  same. 

38.  There  shall  be  included  annually  in  the  ordinance  of 
estimates  the  sum  of  fifty  thousand  dollars  to  be  used  as  a 
contingent  fund  by  the  Board  of  Estimates,  in  case  of  an 
emergency  or  necessity  for  the  expenditure  of  money  above  the 
appropriations  regularly  passed  for  any  department,  sub-de- 
partment, municipal  ofiicer  not  embraced  in  a  department,  or 
special  commission  or  board,  in  the  interval  between  the  annual 
appropriations  as  herein  provided  for.  As  soon  as  practicable 
after  the  expenditure  of  any  part  of  said  contingent  fund,  the 
said  Board  shall  report  to  the  City  Council  all  the  circumstances 
attending  said  expenditure,  and  the  necessity  for  the  same,  and 
the  reasons  assigned  by  the  department,  sub-department,  munic- 
ipal officer  not  embraced  in  a  department,  or  special  commis- 
sion or  board,  applying  for  and  receiving  the  same.  The  City 
Council  shall  not  have  the  power  to  increase  or  decrease,  or 
strike  out,  said  amount  from  the  said  ordinance  of  estimates. 

Baltimore  City  v.  Gorter,  93  Md.  12. 

39.  The  ]\Iayor  and  City  Council  of  Baltimore  shall  appro- 
priate no  money  out  of  the  Treasury  of  the  City  for  the  pay- 
ment of  any  private  claim  against  the  city,  unless  such  claim 
shall  have  first  been  presented  to  the  Board  of  Estimates, 
together  with  the  proofs  upon  which  the  same  is  founded,  and 
reported  favorably  by  said  Board. 

BaUimore  City  v.  Gorter,  93  Md.  12. 

TAX  BATE  AJ^D  ANNUAL  LEVY. 

1914,  ch.  .532. 

40.  The  Board  of  Estimates  shall,  on  the  first  day  of  Octo- 
ber, or  as  soon  thereafter  as  practicable,  in  the  year  eighteen 
hundred  and  ninety-eight,  and  in  each  succeeding  year,  pro- 
cure from  the  proper  municipal  department  and  shall  send, 
with  the  said  ordinance  of  estimates,  to  both  Branches  of  the 
City  Council,  a  report  showing  the  taxable  basis  for  the  next 
ensuing  fi-scal  year,  and  the  amount  which  can  reasonably  be 
expected  to  be  realized  by  taxation  for  said  year.  The  report 
shall  fontain  an  aggregate  statement  of  all  the  moneys  to  be 
expended  during  the  next  ensuing  fiscal  year  by  the  city,  as 


80 

set  forth  in  said  ordinance  of  estimates,  as  well  as  of  any 
other  sums,  if  such  there  he,  which  the  city  may  be  required 
to  expend  during  the  said  year  for  any  purpose  or  purposes 
not  included  in  the  ordinance  of  estimates,  and  it  shall  also 
state  the  total  income  which  can  reasonably  be  expected  to  be 
received  by  the  city  for  the  next  ensuing  fiscal  year  from 
licenses,  fees,  rents  and  all  other  charges,  including  the  amount 
believed  to  be  collectible  from  taxes  in  arrears.  The  report 
shall  show  the  difference  between  such  anticipated  expendi- 
tures and  receipts  of  the  city,  and  shall  state  a  rate  for  the  levy 
of  taxes  sufiicient  to  realize  the  amount  required  to  meet  the 
said  difference.  In  the  ordinance  making  the  annual  levy  of 
taxes,  which  ordinance  shall  be  passed  by  the  Mayor  and  City 
Council  of  Baltimore  in  the  month  of  ISTovember  in  each  year, 
and  as  soon  as  practicable  after  the  passage  of  the  ordinance 
of  estimates,  the  Mayor  and  City  Council  of  Baltimore  shall 
fix  a  rate  of  taxation  not  less  than  the  rate  stated  in  the  afore- 
said report,  so  that  it  shall  not  be  necessary  at  any  time  for 
the  city,  its  officers  or  agents,  to  create  a  floating  debt  to  meet 
any  deficiency,  and  it  shall  not  be  lawful  for  the  city,  its  officers 
or  agents,  to  create  a  floating  debt  for  any  such  purpose.  The 
taxes  levied  under  said  ordinance  in  the  month  of  ISTovember 
in  each  year  shall  be  the  taxes  to  be  collected  for  the  fiscal 
year  next  ensuing  after  the  said  month  of  l^ovember,  and 
shall  be  due  and  may  be  paid  to  the  Citv  Collector  on  or  after 
the  first  day  of  January  next  ensuing.  The  taxes  included  in 
said  levy  on  real  estate  or  chattels  real,  and  on  all  forms  of 
personal  property,  including  shares  of  stock  and  other  property, 
valued  or  subject  to  valuation  by  the  State  Tax  Commissioner, 
shall  be  in  arrears  on  the  first  day  of  July  next  ensuing  the 
date  of  their  levy,  and  the  taxes  on  all  forms  of  property  after 
they  become  in  arrears  as  aforesaid  shall  bear  interest  at  the 
rate  of  six  per  centum  per  annum. 

Baltimore  City  v.  Gorter,  93  Md.  1.  Skinner,  etc.  Dry  Dock  Co.  v.  Bal- 
timore City,  96  Md.  37.  Baltimore  City  v.  Poole,  97  Md.  71.  Baltimore 
City  V.  Chester  River  S.  S.  Co.,  103  Md.  400. 

Taxes  on  stock  liens  from  the  time  of  their  levy. 

Union  Trust  Company  y.  Belvedere,  105  Md.  508. 

COMMISSIOI^ERS  OF  FI^AiN'CE. 

1908,  ch.  515. 

41.  The  Commissioners  of  Finance  shall  be  the  head  of  the 
fourth  sub-department  of  finance,  and  shall  be  a  board  composed 
of  the  Mayor,  Comptroller,  Register  and  two  persons  appointed 


81 

by  tlie  ]\Iayor  in  the  mode  prescribed  in  section  25  of  this  Arti- 
cle, and  who  shall  hold  their  offices  as  therein  provided.  Both 
of  said  two  last  named  persons  shall  serve  without  pay.  The 
Mayor  and  Register  shall  sign  all  obligations  of  the  city  and 
all  city  stock.  One  of  the  persons  appointed  by  the  Mayor  as 
aforesaid  and  so  designated,  shall  be  president  of  said  Board. 
The  Deputy  Register  shall  act  as  clerk  to  said  Board  and  keep 
the  accounts  and  a  record  of  proceedings  of  said  Board,  and  for 
such  service,  in  addition  to  the  salary  of  said  Deputy  Register, 
herein  provided,  he  shall  be  paid  a  salary  of  five  hundred  dol- 
lars per  annum,  payable  monthly.  This  Board,  from  the  insti- 
tutions chartered  by  the  United  States  or  the  State  of  Mary- 
land, having  authority  under  their  charters  to  receive  and  hold 
money  on  deposit,  shall  select,  from  time  to  time,  such  deposi- 
tory or  depositories  for  the  funds  of  the  city  as  to  it  may  seem 
proper.  It  shall  authorize  all  temporary  loans  to  be  made  not 
inconsistent  with  this  Article.  It  shall  have  charge,  control 
and  custody  of  all  sinking  funds  of  the  Mayor  and  City  Coun- 
cil of  Baltimore,  and  shall  perform  such  other  duties  as  shall 
be  prescribed  by  ordinances  not  inconsistent  with  this  Article. 

CITY  COLLECTOR. 

42.  The  City  Collector  shall  be  the  head  of  the  fifth  sub- 
department  of  Finance,  and  shall  be  appointed  by  the  IMayor 
in  the  mode  prescribed  in  section  25  of  this  Article,  and  hold 
his  office  as  therein  provided.  He  shall  be  paid  for  his  services 
in  collecting  city  taxes  the  salary  of  two  thousand  dollars  per 
annum,  payable  monthly.  He  shall  be  the  collector  of  all  taxes 
and  assessments  on  real  property  levied  or  made  by  the  city. 
He  shall  in  October  in  the  year  eighteen  hundred  and  ninety- 
eight  and  in  each  year  thereafter,  immediately  upon  the  receipt 
of  the  statement  form  the  Appeal  Tax  Court,  showing  the 
taxable  basis  for  the  next  ensuing  fiscal  year,  as  provided  for  in 
section  171  of  this  Article,  begin  the  preparation  of  the  tax  bills 
on  said  basis,  and  after  the  levy  of  taxes  has  been  made  he 
shall  complete  said  bills  and  have  them  ready  for  payment  by 
the  taxpayers  on  the  first  day  of  January  next  ensuing  said  levy, 
or  as  soon' thereafter  as  practicable.  He  shall  liave  such  assist- 
ants, clerks  and  bailiffs  as  may  be  fixed  by  ordinaiu-es,  and  who 
shall  perfoiin  such  duties  as  shall  be  prescri1)cd  by  ordinances 
not  inconsistent  witli  tliis  Article. 

For  (U'C'isioiis  of  iiilcrcst  in  projtorly  coiistniiriK  the  provisions  of  soc- 
tlon  42,  see 

SforliiiK   V.   ATflMjisfcr.    X2   Md.    KM.      T<'xfor    v.    Sliiplcy,    W:    Md.    I'-'l. 
Skiinicr,  etc..  Drv  lUx-k  Co.  v.  P.iilliniorc  City,  DC  Md.  .'{S. 


82 

1844,  ch.  236,  sec.  4.   P.  G.  L.,  (1860)  Art.  81,  sec.  49.   1872,  ch.  384.   1874, 

ch.  383,  sec.  48.     P.  G.  L.,   (1888)   Art.  81,  sec.  49.     1888,  ch. 

515.     1900,  ch.  229.     1914,  ch.  532. 

43.  Whenever  it  shall  become  necessary  to  sell  any  part  or 
parcel  of  ground  in  the  City  of  Baltimore,  improved  or  unim- 
proved, for  the  payment  of  any  taxes  or  assessment,  of  any 
nature  or  kind  whatever,  levied  or  charged,  the  City  Collector 
shall  first  give  notice  by  advertisement  published  once  a  week 
for  four  successive  weeks  in  two  of  the  daily  newspapers  pub- 
lished in  said  city,  one  of  which  shall  be  in  the  German  lan- 
guage, and  in  every  issue  of  the  Municipal  Journal  during  said 
four  weeks,  that  he  will  sell  said  property  at  public  auction  on 
the  day  in  said  advertisement  mentioned.  Said  notice  shall 
state  the  name  of  the  person,  when  known,  to  whom  such  a 
parcel  of  ground  is  assessed,  the  amount  of  taxes  due  on  the 
same,  and  what  improvements,  if  any,  are  on  said  parcel  of 
ground,  and  to  properly  describe  said  property  the  City  Col- 
lector shall  procure  a  description  from  the  Land  Records  and 
no  survey  shall  be  made  unless  a  proper  description  cannot  be 
obtained  from  the  Land  Records,  and  no  charge  for  survey  shall 
be  made  unless  a  survey  is  actually  made.  If  a  proper  descrip- 
tion cannot  be  obtained  from  the  Land  Records,  the  City  Sur- 
veyor shall,  upon  direction  of  the  City  Collector,  make  a  proper 
survey  and  furnish  a  description  and  plat  to  the  City  Collector, 
and  the  sum  of  three  dollars  for  the  cost  of  such  survey  shall 
be  added  to  the  tax  bill  and  collected  in  the  same  manner  as 
the  bill  itself,  and  paid  over  to  the  City  Register  for  the  use 
of  the  city.  The  City  Collector  shall,  before  advertising  said 
property  for  sale,  give  to  the  person  or  persons  so  in  arrears, 
or  to  one  of  them,  if  more  than  one,  or  leave  at  his  or  her  or 
their  residence,  or  last  known  residence  of  one  of  them,  and  * 
if  no  such  residence  be  knovm,  there  shall  be  left  upon  the 
premises  so  to  be  sold  for  taxes,  a  statement  of  his  or  her  or 
their  indebtedness,  and  not  less  than  thirty  days'  notice  of  his 
(said  Collector's)  intention,  if  the  bill  is  not  paid,  to  enforce 
the  pa_\Taent  thereof  by  distraint  or  execution.  Provided,  how- 
ever, that  this  paragraph  shall  not  apply  to  or  affect  the  present 
City  Surveyor. 

Mayor,  &c.  v.  Howard,  6  H.  &  J.  383.  Alexander  v.  Walter,  8  Gill,  239. 
Polk  V.  Rose.  25  Md.  153.  Co.  Commr's.  of  Pr.  Geo.  Co.  v.  Clarke,  .36 
Md.  207.  Tax  Sale  of  Lot  172,  42  Md.  196.  County  Commr's.  v.  Union 
Mining  Co.,  61  Md.  548.  Cooper  v.  Holmes,  71  Md.  20.  County  Commr's. 
of  Balto.  Co.  V.  Winand.  77  Md.  522.  Duvall  v.  Perkins,  77  Md.  582. 
Textor  v.  Shipley,  86  Md.  424.     Benzinger  v.  Gies,  87  Md.  704. 

As  to  collection  of  taxes  and  tax  sales  generally,  see.  Mayor  v.  Chase, 
2  G.  &  J.  376.    Polk  V.  Pendleton,  31  Md.  125.    Dyer  v.  Boswell,  39  Md. 


83 

465.  Guisebert  v.  Etchison,  51  Md.  478.  Steuart  v.  Meyer,  54  Md.  466. 
Margaff  v.  Cunningham,  57  Md.  585.  Gould  v.  Mayor,  58  Md.  46.  Hebb 
V.  Moore,  66  Md.  167.  Perkins  v.  Dyer,  71  Md.  421.  Georgetown  Col- 
lege V.  Perkins,  74  Md.  72.  Degner  v.  M.  &  C.  C.  of  Balto.,  74  Md.  144. 
Bader  v.  Perkins,  77  Md.  468.  Baltimore  v.  Ulman,  79  Md.  486.  Shaw 
V.  Devecmon,  81  Md.  217,  Richardson  v.  Simpson,  82  Md.  157.  Baum- 
gardner  v.  Fowler,  82  Md.  637.  Young  v.  Ward,  88  Md.  413. 
Land  cannot  be  sold  for  taxes,  unless  taxes  due  and  in  arrear. 
Mullan  V.  Brydon,  117  Md.  559. 

P.  L.  L.,  (1860)  Art.  4,  sec.  875.    P.  L.  L.,  (1888)  Art.  4,  sec.  833. 

44,  The  City  Collector  shall  require  the  purchaser  of  such 
property  on  the  day  of  sale,  or  the  day  next  succeeding,  to 
pay  on  account  of  said  purchase  the  amount  assessed  or  taxed 
on  the  lot  so  sold,  together  with  all  costs  and  charges,  and  no 
more,  and  the  residue  of  the  purchase  money  shall  remain  on  a 
credit  of  one  year  and  a  day, 

P,  L,  L.,  (1860)  Art.  4,  sec.  876.    P.  L.  L.,  (1888)  Art.  4,  sec.  834. 

45.  If  the  property  so  sold  shall  not  be  redeemed  at  the  ex- 
piration of  a  year  and  a  day  from  the  day  of  sale,  the  City  Col- 
lector shall,  when  required,  and  on  payment  of  the  full  amount 
of  the  purchase  money,  execute  a  deed  for  the  same  to  the  pur- 
chaser, and  the  balance  of  the  purchase  money  so  received  by 
him  shall  be  paid  to  the  City  Register. 

Polk  V.  Rose,  25  Md.  153.  Hamilton  v.  Valiant,  30  Md.  139.  Tax 
Sale  of  Lot  172,  42  Md.  196.    Taylor  v.  Forrest,  96  Md.  529. 

1904,  eh.  281. 
45a.  Whenever  property  in  the  City  of  Baltimore  has  been 
sold  for  taxes  pursuant  to  law,  by  one  City  Collector,  and  such 
sale  has  been  reported  and  the  deed  executed  by  the  successor 
in  office  of  the  City  Collector  who  made  the  sale  as  aforesaid, 
such  report  and  such  conveyance  shall  be  as  valid  to  all  intents 
and  purposes  as  they  would  have  been  if  made  by  the  City 
Collector  who  made  the  sale. 

1904,  ch.  281. 

45b.  Whenever  property  in  the  City  of  Baltimore  has  been 
sold  for  taxes,  pursuant  to  law,  by  one  City  Collector,  and  such 
sale  has  been  reported  by  the  City  Collector  who  made  the 
same,  but  the  deed  for  such  property  has  been  oxc^cutod  and 
delivered  by  the  successor  in  office  of  the  City  Collector  who 
made  such  sale  and  report  as  aforesaid,  such  coTivcyance  shall 
be  as  valid  to  all  intents  and  purposes  as  it  would  have  been  if 
made  by  the  City  Collector  who  made  and  reported  the  sale. 

/?ee,  Duvall  v.  Perkins.  77  Md.  588.  Taylor  v.  Forrest,  96  Md.  5.'{3. 
McM.'ilion  V.  Crean,  IW)  Md.  n.'">2. 


84 

P.  L.  L.,  (1860)  Art.  4,  sec.  877.    P.  L.  L.,  (1888)  Art.  4,  sec.  835. 

46.  If  it  shall  appear  that  the  owner  of  the  said  lot  or  parcel 
of  gi'ound  prior  to  the  execution  of  the  deed  for  the  same  by  the 
City  Collector,  cannot,  after  reasonable  effort,  be  found,  or  if 
said  owner  shall  refuse  to  receive  said  balance  of  money,  then 
in  either  case  the  City  Register  shall  invest  the  same  for  the 
benefit  of  such  owner  in  any  public  debt  of  the  State  of  Mary- 
land or  Mayor  and  City  Council  of  Baltimore,  and  shall  safely 
keep  the  same,  and  from  time  to  time  collect  the  interest  due 
thereon,  and  invest  for  the  benefit  of  such  owner  the  interest 
from  time  to  time  in  the  said  stock. 

P.  L.  L.,  (1860)  Art.  4,  sec.  878.    P.  L.  L.,  (1888)  Art.  4,  sec.  836. 

47.  When  any  lot  or  parcel  of  ground  in  the  said  City  shall 
be  sold  by  reason  of  non-payment  of  the  tax  or  assessment  due 
thereon,  the  owner  or  other  persons  having  an  estate  or  interest 
therein  shall  have  power  to  redeem  the  same  at  any  time  within 
one  year  and  a  day  from  the  day  of  sale,  on  paying  or  tendering 
in  payment  to  the  City  Collector  the  whole  amount  of  money 
received  by  such  City  Collector  from  the  sale  of  the  lot  or  parcel 
of  ground  to  be  redeemed,  and  a  further  sum  of  one-half  per 
cent,  per  month  interest  from  the  time  of  sale  to  the  time  of 
such  tender ;  and  the  sums  so  paid  shall  be  by  the  City  Collector 
delivered  or  tendered  to  the  purchaser,  whose  right  in  the 
property  so  purchased  shall  thenceforth  cease  and  determine. 

1900,  ch.  663. 

47a.  In  all  cases  where  lands  held  by  lease  have  been  sold 
for  the  non-payment  of  taxes  or  assessments  due  thereon,  the 
owner  of  the  reversionary  interest  therein  shall  have  the  right 
at  any  time  within  one  year  and  a  day  from  the  day  of  such 
sale,  on  paying  or  tendering  in  payment  to  the  collector  the 
whole  amount  of  the  money  received  by  such  collector  from  the 
sale  of  the  lot  or  parcel  of  ground,  together  with  the  further 
sum  of  one-half  per  cent,  per  month  interest  from  the  time  of 
sale  to  the  time  of  such  tender,  to  be  substituted  in  the  place  of 
said  purchaser  of  said  lot  or  parcel  of  ground  so  sold,  and  the 
sum  so  paid  shall  be  by  the  collector  delivered  or  tendered  to 
the  purchaser  whose  rights  in  the  property  shall  thenceforth 
cease  and  determine. 

This  section  was  intended  to  supplement  section  836  of  P.  L.  L.,  (1888) 
Art.  4,  now  codified  as  section  47  of  the  New  Charter. 


85 

P.   G.   L.,    (1S60)    Art.  81,  sees.  61,  63.     1867,  ch.  186.     1S70,  ch.  312. 

1872,  ch.  384.    1874,  ch.  483,  sec.  51.    P.  G.  L.,  (1888)  Art.  81.  sec.  52. 

P.  L.  L.,   (1888)   Art.  4,  sec.  837.     1888,  ch.  515.     1902,  ch.  490. 

48.  In  all  cases  where  lands  held  in  fee  simple  or  by  lease 
have  been  sold,  or  shall  be  sold  for  pa^nnent  of  taxes  in  arrears, 
according  to  the  provisions  of  existing  laws,  it  shall  be  the  duty 
of  the  City  Collector  to  report  the  said  sale,  together  with  all  the 
proceedings  had  in  relation  thereto  to  the  Circuit  Court  of  said 
city.  The  Court  to  which  such  report  shall  be  made  shall 
examine  the  said  proceedings,  and  if  the  same  appear  to  be  reg- 
ular, and  the  provisions  of  law  in  relation  thereto  have  been 
complied  with,  shall  order  notice  to  be  given  by  advertisement 
published  in  such  newspapers  as  the  Court  shall  direct,  warning 
all  persons  interested  in  the  property  sold  to  be  and  appear  by 
a  certain  dav  in  the  said  notice  to  be  named,  to  show  cause,  if 
any  they  have,  why  said  sale  should  not  be  ratified  and  con- 
firmed ;  and  if  no  cause  or  an  insufficient  cause  be  shown  against 
the  said  ratification,  the  said  sale  shall,  by  order  of  said  court, 
be  ratified  and  confirmed,  and  the  purchaser  shall,  on  payment 
of  the  purchase  money,  have  a  good  title  to  the  property  sold ; 
but  if  good  cause,  in  the  judgment  of  said  court,  be  shown  in 
the  premises,  the  said  sale  shall  be  set  aside ;  in  which  case  the 
said  City  Collector  shall  proceed  to  a  new  sale  of  the  property 
and  bring  the  proceeds  into  court,  out  of  which  the  purchaser 
shall  be  repaid  the  purchase  money  paid  by  him  to  the  City 
Collector  on  said  rejected  sale,  and  all  taxes  assessed  on  said 
real  estate  and  paid  by  said  purchaser  since  said  sale,  and  all 
costs  and  expenses  properly  incurred  in  said  court,  with  interest 
on  all  such  sums  from  the  time  of  pa"yTnent ;  and  if  the  pur- 
chaser has  not  paid  the  purchase  money  or  the  subsequent  taxes, 
to  apply  said  proceeds  to  the  payment  of  the  taxes  for  wliich 
said  real  property  may  have  been  sold,  and  all  subsequent  taxes 
thereon  then  in  arrears,  with  interest  on  the  same,  according 
to  law,  and  the  costs  of  the  proceedings ;  but  such  sales  shall  not 
be  set  aside  if  the  provisions  of  the  law  shall  appear  to  have  been 
substantially  complied  with ;  and  the  l)urdon  of  proof  shall 
be  on  the  exceptant  to  show  the  same  to  be  invalid  nndor  the 
law. 

Co.  rVminir's.  Pr.  Geo.  Go.  v.  Glark,  ?,C,  Mtl.  200.  E.r  parte  in  the 
matter  of  the  Tax  Sale  of  Lot  172,  -12  yU\.  190.  Meyer  v.  Stciuirt.  48 
Md.  423.  Guisehert  v.  Etchlson.  51  Md.  488.  Steuart  v.  Meyer.  .'")l  yh\. 
4.~1.  f'ooper  v.  ITolines.  71  Ma.  20.  Textor  v.  Sliii)l('y.  77  Mil.  170. 
Shaw  V.  Devecnioii,  SI  Md.  217.  lUehanlson  v.  Siiiiiisoii.  S'J  Md.  1."). 
Iiaum«ardner  v.  Fowler,  82  Md.  O-'H.  Keys  v.  Forrest.  !K»  M.I.  136. 
Taylor  v.  Forrest.  96  Md.  531.  Cf.,  Mar^'afT  v.  Giiiiidiii,diam's  Heirs, 
.57  Md.  58.5.  Vouiik  v.  Ward.  88  Md.  119.  ILMI.  OppciiiM-iiiicr  v.  L<'vi, 
96  Md.  .304.     Hewitt  v.  Parsley.  101  Md.  207. 


86 

1880,  ch.  230.     P.  L.  L.,  (1888)  Art.  4,  sec.  838, 

49.  Whenever  the  City  Collector  shall  have  distrained  or 
levied  upon  any  goods  or  chattels  in  said  city  for  non-payment 
of  any  taxes,  State  or  mnnicipal,  due  by  the  owner  thereof, 
before  making  sale  of  property  so  distrained  or  levied  upon, 
said  City  Collector  shall  give  notice  by  advertisement  published 
twice  a  week  for  one  week  prior  to  the  day  of  sale,  and  also 
on  the  day  of  sale,  in  three  of  the  daily  newspapers  published 
in  said  city,  one  of  which  shall  be  in  the  German  language,  that 
he  will  sell  for  cash,  at  public  auction,  to  the  highest  bidder,  on 
the  day  and  at  the  time  and  place  mentioned  in  said  advertise- 
ment, the  propei'ty  therein  specified,  unless  on  or  before  the  day 
of  sale  the  entire  amount  of  taxes  for  which  such  distraint  or 
levv  shall  have  been  made,  with  the  interest  thereon,  and  costs 
of  making  said  levy  and  advertisement,  shall  be  paid. 

1880,  ch.  230.     P.  L.  L.,  (1888)  Art.  4.  sec.  839. 

50.  Every  City  Collector  who  shall  sell  any  goods  or  chat- 
tels levied  or  distrained  upon  for  taxes.  State  or  municipal,  in 
Baltimore  City,  after  due  advertisement,  as  required  in  the 
preceding  section,  shall  retain  out  of  the  proceeds  of  sale  the 
amount  of  taxes  due  from  the  delinquent,  for  which  such  levy 
or  distraint  shall  have  been  made,  with  the  interest  thereon, 
and  all  costs  incurred  in  making  said  sale,  and  shall  pay  over 
the  surplus,  if  any,  to  the  owner  of  the  property  so  levied  upon 
and  sold. 

1890,  ch.  205.    P.  L.  L..   (1888)  Art.  4,  sec.  841  A.     1900,  ch.  229. 

1914,  ch.  532. 

51.  The  City  Collector  shall  at  least  two  weeks  before  the 
taxes  become  in  arrear  give  notice,  by  advertisement  in  two 
daily  papers  published  in  Baltimore  City  and  in  the  Municipal 
Journal,  of  the  day  on  which  all  taxes  for  the  current  fiscal 
year  become  in  arrear;  and  shall,  on  the  application,  in  person 
or  by  agent  or  by  mail,  of  any  person  to  whom  property  is 
assessed,  deliver  or  send  by  mail  a  bill  showing  the  amount 
of  taxes  due  by  such  person.  Two  weeks  before  the  day  on 
which  such  taxes  shall  by  law  be  in  arrear,  he  shall  give  notice 
by  advertisement  in  the  same  way  that  all  taxes  not  paid  on  or 
before  that  date  will  be  in  arrears,  and  that  the  property  on 
which  said  taxes  are  levied  will  then  be  subject  to  be  sold  for 
taxes.  And  said  notice  shall  further  state  that  unless  the  taxes 
are  paid  before  they  become  so  in  arrear,  an  amount  equal  to 
one  per  centum  per  annum  of  the  gross  amount  thereof,  ac- 


87 

counting  from  the  date  when  said  taxes  become  in  arrear  shall 
be  added  to  each  bill  for  taxes  in  arrear;  and  if  the  same  be 
not  paid  before  they  so  become  in  arrear  an  amount  eqnal  to 
one  per  centum  per  annum  of  the  gross  amount  of  each  bill, 
accounting  from  the  time  said  taxes  became  in  arrear  to  the  time 
of  the  pa^^nent  thereof,  shall  be  added  thereto  as  a  penalty,  and 
collected  in  the  same  manner  as  the  bill  itself,  said  penalty  to  be 
paid  to  the  City  Collector  and  by  him  to  the  City  Register  to  the 
credit  of  the  Mayor  and  City  Council.  In  the  case  of  escaped 
or  omitted  property  the  penalty  herein  provided,  and  also  in- 
terest, shall  be  added  to  the  tax  bills  for  the  current  and  back 
years  in  the  same  manner  as  if  such  propert_y  had  not  escaped 
or  been  omitted. 

Benzinger  v.  Gies,  87  Md.  704. 

1904.  ch.  386. 

51  A.  In  all  cases  where  the  City  Collector  shall  commence 
and  carry  on  proceedings  for  the  enforcement  and  collection  of 
taxes  under  the  provisions  of  this  Article,  whether  by  notice, 
distraint,  levy,  advertisement,  sale,  report  of  sale  or  otherwise, 
and  the  term  of  office  of  such  City  Collector  shall  expire  or  shall 
cease  bv  death,  resieiiation,  removal  or  otherwise,  before  such 
proceedings  are  completed,  and,  in  case  of  sale,  before  the  said 
sale  has  been  fully  ratified  and  confirmed  and  a  deed  to  the 
purchaser  executed  and  delivered  as  provided  in  this  Article,  the 
successor  in  office  of  such  Citv  Collector  whose  term  of  office 
shall  thus  cease  or  expire  is  hereby  authorized,  empowered 
and  required  to  continue  and  complete  all  said  proceedings  com- 
menced and  carried  on  as  aforesaid,  during  the  term  of  office  of 
his  said  predecessor,  in  the  same  manner  and  with  like  effect 
as  his  said  predecessor  would  have  been  authorized  and  em- 
powered to  do  had  his  term  of  office  not  ceased  and  expired  as 
aforesaid ;  and  the  successor  in  office  of  such  City  Collector 
whose  term  of  office  shall  thus  cease  or  expire,  shall  have  full 
power  and  authority  to  report  any  and  all  sales  made  by  liis  said 
predecessor  in  office,  to  execute  and  deliver  any  and  all  deeds  to 
property  sold  or  reported  by  his  said  predecessor,  and  generally 
to  do  any  and  all  acts  and  things  necessary  or  proper  to  be  done 
in  order  to  continue  and  finally  complete  the  enforcement  and 
collection  of  taxes,  and  the  sale  and  conveyance  of  property 
therefor  comnienoefl  and  carried  on  by  his  said  predecessor  in 
office. 

Duvall   V.  Perkins,  77  !\I<1.  .WS.     Taylor  v.  Forrest.  !)(>  .Md.  520. 

Interest  and  penalties  may  be  collected  from  property  In  the  hands  of 


88 

a  Receiver,  but  the  right  to  them  may  he  lost  by  delay  in  applying  to 
the  Court. 

Blakistoiie  v.  State.  117  Md.  238. 
Taxes  pui<l  under  a  mistake  of  law  cannot  he  recovered.     City  Col- 
lector cannot   refund   taxes  paid  under   a   law.   after   it   was  declared 
invalid. 

Baltimore  v.  Harvey,  118  Md.  276.    Amos  v.  Al)romaitis,  122  Md.  257. 
This  act  invalidates  tax  sale  deed  given  before  act  was  passed. 
McMahon  v.  Crean,  109  Md.  669. 


COLLECTOE  OF  STATE  TAXES. 

1874.  ch.  483.     P.  L.  L..    (1888)   Art.  4.  sec.  851.     P.  G.  I...   (1904)   Art. 

81,  sec.  31. 

52.  The  Mayor  shall  appoint  iu  the  mode  prescribed  in  sec- 
tion 2.5  of  this  Article,  and  he  shall  hold  his  office  as  therein 
provided,  one  Collector  for  Baltimore  City,  for  the  collection 
of  all  State  taxes  levied  or  to  be  levied  for  any  year;  and  it 
shall  not  be  lawful  for  the  municipal  authorities  of  said  city  to 
provide  any  fixed  annual  or  other  stated  compensation  for 
collection  of  the  State  taxes,  or  a  salary  of  any  kind,  to  the 
said  Collector  for  his  services  in  collecting-  the  State  taxes, 
otherwise  than  by  a  per  centum  on  the  amount  of  his  collections, 
as  prescribed  by  this  Article. 

Crane  v.  State.  1  Md.  27.  Humphrey  v.  State.  17  Md.  57.  McCauley  v. 
State.  21  Md.  573.  Allen  v.  State,  98  Md.  697.  Cf.,  Seidenstricker  v. 
State,  2  Gill  374. 

1888,  Art.  81,  sec.  33.    1860,  Art.  81,  sec.  35.    1865.  ch.  155.    1868.  ch.  366. 
1874,  ch.  483,  sec.  32.     P.  L.  L.,    (1888)   Art.  4.  sec.  852. 

53.  The  Collector  of  State  taxes  in  the  City  of  Baltimore, 
before  he  acts  as  such,  shall  2;ive  a  bond  to  the  State  of  Marv- 
land  in  the  penalty  of  seventy-five  thousand  dollars,  to  be  ap- 
proved by  the  Governor,  w^ith  the  condition  that  "if  the  above 

bound shall  well  and  faithfully  execute  his  office,  and 

shall  account  to  the  State  Comptroller  for,  and  pay  to  the 
Treasurer  of  the  State,  the  several  sums  of  money  which  he  shall 
receive  for  the  State,  or  be  answerable  for  by  law,  at  such 
times  as  the  law  shall  direct,  then  such  obligation  to  be  void, 
otherwise  to  remain  in  full  force  and  virtue  in  law."  The 
said  Collector's  bond,  when  approved  by  the  proper  authorities 
in  the  City  of  Baltimore,  shall  be  recorded  in  the  office  of  the 
Clerk  of  the*  Superior  Court  of  Baltimore  City,  and  when 
approved  by  the  Governor  shall  be  filed  in  the  office  of  the  State 
Comptroller. 

Baden  v.  State,  1  Gill  165.     State  v.  Carleton,  1  Gill  249.     Waters  v. 


89 

state,  1  Gill  302.  Lawrenson  v.  State,  7  H.  «&  J.  339.  Milburn  v.  State, 
1  Md.  14.  Billingslea  v.  State,  14  Md.  369.  McCauley  v.  State,  21  Md. 
573.    State  v.  Horner,  34  Md.  569.    Frownfelter  v.  State,  66  Md.  80. 

1888,  Art.  81,  sec.  34.     1868,  ch.  366.     1874,  ch.  383,  sec.  33.    1904,  Art. 
81,  sec.  34.    P.  L.  L.,  (1888)  Art.  4,  sec.  853. 

54.  The  Collector  of  State  Taxes  in  the  Citv  of  Baltimore 
shall  make  daily  deposits  of  such  sum.s  of  money  as  he  shall 
receive  for  State  taxes  collected  by  him,  less  the  amount  of 
commission  allowed  him  for  the  collection  of  the  same,  to  the 
credit  of  the  Treasurer  of  the  State  of  Maryland,  in  some 
bank  in  said  city  which  pays  to  the  State  the  bonus  or  school 
tax,  as  provided  by  law,  to  be  designated  by  the  said  Treasurer, 
and  shall  send  to  the  Treasurer  a  statement  of  the  amount  so 
deposited  within  the  first  ten  days  of  each  month,  with  a 
certificate  of  the  bank  that  the  same  is  so  deposited;  and  on 
the  failure  to  make  such  daily  deposits  and  to  send  such  certifi- 
cate, he  shall,  on  proof  thereof  to  the  satisfaction  of  the  Gover- 
nor, be  liable  to  removal  from  ofiice  by  the  Governor,  and  the 
State  Comptroller  shall  immediately  enter  suit  upon  his  bond. 

Allen  V.  State,  98  Md.  697.    See  Seidenstricker  v.  State,  2  Gill  374. 

1874,  ch.  483.    "P.  L.  L.,   (1888)  Art.  4,  sec.  854.     1888,  Art.  81,  sec.  35. 
1868,  ch.  366.     1874,  ch.  483,  sec.  34. 

55.  The  Treasurer  of  the  State  may  make  weekly  examina- 
tion of  the  books  of  the  Collector  of  State  Taxes  in  Baltimore 
City,  whose  books  shall  always  be  open  to  such  inspection. 

1874,  ch.  483.     P.  L.  L.,    (1888)    Art.  4,  sec.  855.     1888,  Art.  81,  sec. 
39.    1860,  Art.  81.  sec.  39.    1844,  ch.  236,  sec.  1.    1865,  ch.  155. 
1868,  ch.  366.     1874,  ch.  483,  sec.  38. 

56.  If  there  be  no  Collector  of  State  Taxes  qualified  and 
compensated  in  conformity  with  the  provisions  of  this  Article 
in  said  city  by  the  fifteenth  day  of  October  in  any  year,  the 
Governor  shall  appoint  from  any  part  of  the  State  a  Collector 
for  the  said  city,  who  shall  give  bond,  with  sureties  to  be 
approved  by  the  Governor,  and  be  in  all  respects  on  a  footing 
with  other  State  Collectors'  bonds  as  provided  in  the  Public 
General  Laws,  Article  81,  title  "Revenue  and  Taxes,"  and  the 
said  Collector  shall  have  all  the  power  of  other  Collectors. 

1874,  ch.  483.    P.  L.  L.,  (1888)  Art.  4,  Sec.  856. 

57.  The  Mayor  and  City  Council  of  Baltimore  shall  levy 
upon  the  assessable  property  in  the  City  of  Baltimore  such 
commission  as  will  in  its  judgment  insure  a  speedy  collection 


90 

of  said  State  taxes,  not  exceeding  two  per  centum  on  the  amount 
to  be  placed  in  the  hands  of  said  Collector  of  State  Taxes  for 
Baltimore  City ;  said  commission  to  be  levied  for  the  use  of  said 
Collector,  and  to  be  collected  as  other  charges  are  collected. 

Allen  V.  State,  98  Md.  697. 

58.  The  City  Collector  shall  be  the  Collector  of  State  Taxes, 
and  perform  the  duties  as  herein  provided,  unless  otherwise 
provided  by  ordinance  of  the  Mayor  and  City  Council  of  Balti- 
more. 

1906,  ch.  101. 
58A.  At  the  trial  or  hearing  of  any  suit  or  proceedings  of 
any  kind,  whether  at  law  or  in  equity,  or  before  any  Justice  of 
the  Peace,  brought  for  the  recovery  of  any  tax,  or  taxes,  and 
for  any  interest  or  penalties  that  may  be  due  and  owing  on 
account  of  the  non-payment  of  such  tax  or  taxes,  against  any 
corporation,  firm  or  individual,  and  in  the  case  of  an  individual 
whether  such  suit  or  proceedings  be  against  him  or  her  in  a 
representative  or  fiduciary  capacity,  or  in  his  or  her  own  right, 
the  certificate  of  the  City  Collector  or  of  the  Collector  of  State 
Taxes  in  the  City  of  Baltimore,  as  the  case  may  be,  as  to  the 
amount  of  such  tax  or  taxes  due,  and  as  to'  the  amount 
of  any  interest  or  penalties  or  both,  due  for  non-pa^Tiient 
of  the  same  shall  be  prima  facie  evidence  to  entitle  either 
the  Mayor  and  City  Council  of  Baltimore  or  the  State  of  Mary- 
land as  the  case  may  be,  to  a  verdict  and  judgment,  or  to  an 
order  or  decree  as  the  proceedings  may  warrant,  against  such 
corporation,  firm  or  individual,  and  in  the  case  of  an  individual, 
whether  the  individual  be  sued  or  proceeded  against  in  a  repre- 
sentative or  fiduciary  capacity  or  in  his  or  her  own  right  for 
the  full  amount  of  such  tax  or  taxes,  together  with  any  interest 
or  penalties,  or  both,  which  said  certificate  shall  so  state  to  be 
due  and  owing. 

1912,  ch.  429. 
58B.  It  shall  not  be  necessary  to  bring  separate  suits  or 
file  separate  claims  for  State  and  city  taxes,  but  State  and  city 
taxes  may  be  claimed,  sued  for,  and  recovered  in  one  claim,  suit 
or  other  proceeding  in  the  name  of  the  Mayor  and  City  Council 
of  Baltimore. 

COLLECTOE  OF  WATEK  KENTS  AND  LICENSES. 

1898,  ch.  123.    1900,  ch.  109. 

59.  The  Collector  of  Water  Rents  and  Licenses  shall  be 


91 

the  head  of  the  sixth  sub-department  of  Finance,  and  shall  be 
appointed  by  the  Mayor  in  the  mode  prescribed  in  section  25 
of  this  Article,  and  hold  his  office  as  therein  provided.  He 
shall  be  paid  the  salary  of  two  thousand  five  hundred  dollars 
($2,500)  per  annum,  payable  monthly.  He  shall  collect  all 
water  rents  and  license  fees,  and  all  other  dues,  or  revenues  to 
which  the  Mayor  and  City  Council  of  Baltimore  is  or  may 
be  entitled  except  otherwise  provided  in  this  article,  and  he 
shall  have  such  assistants  and  clerks  and  perform  such  other 
duties  as  shall  be  prescribed  by  ordinances  not  inconsistent  with 
this  Article.  All  licenses  imposed  by  ordinances  shall  be  due 
and  collectible  in  the  first  week  of  January  in  each  year,  and 
it  shall  be  the  duty  of  said  Collector  of  Water  Rents  and 
Licenses  to  see  that  said  Licenses  are  paid  at  that  time;  pro- 
vided, that  the  Mayor  and  City  Council  of  Baltimore  may,  if 
the  public  service  permits,  assign  the  duties  to  be  performed 
by  this  section  to  be  performed  by  the  Collector  of  Water 
Rents  and  Licenses,  to  some  other  municipal  official,  and  when 
so  done  by  ordinance  this  office  may  be  abolished. 

Does  not  apply  to  market  licenses. 

Meushaw  v.  State,  109  Md.  84.    City  v.  WoUman,  123  Md.  310. 

DEPARTMENT  OF  LAW. 

60.  There  shall  be  a  Department  of  Law  of  the  Mayor  and 
City  Council  of  Baltimore;  the  head  of  said  department  shall 
be  the  City  Solicitor. 

1906,  ch.  459. 

61.  The  City  Solicitor  shall  be  appointed  by  the  Mayor  in 
the  mode  prescribed  in  section  25  of  this  Article,  and  hold  his 
office  as  therein  provided.  He  shall  be  a  member  of  the  Balti- 
more Bar,  who  has  practiced  his  profession  for  not  less  than 
ten  years  in  Baltimore  City,  and  he  shall  receive  a  salary  of 
forty-five  hundred  dollars  per  annum,  payable  monthly. 

1898,  ch.  123.     1904,  ch.  112.    190G,  ch.  206. 

62.  The  City  Solicitor  shall  be  the  legal  adviser  of  the 
Mayor  and  City  Council  of  Baltimore,  and  its  several  depart- 
ments, and  special  commissions  or  boards,  and  shall  have  general 
supervision  and  direction  of  all  legal  business  of  the  city,  lie 
shall  have  charge  and  direction  of  the  preparation  and  trial 
of  all  suits,  actions  and  proceedings  of  every  kind  to  wliicli  the 
city,  or  any  municipal  official,  department,  special  commission 
or  board,  shall  be  a  party  in  any  Court,  local,  State  or  Federal, 


92 

or  before  any  Justice  of  tlie  Peace,  and  when  practicable,  with- 
out conflict  with  his  other  duties,  he  shall  personally  participate 
in  the  trial  of  all  such  suits  in  any  of  the  Federal  Courts  and 
in  the  Court  of  Appeals  of  Maryland  and  of  all  such  suits  in 
other  Courts  which  the  Mayor  may  request  him  in  writing  to 
try,  and  shall  discharge  such  other  duties  as  may  from  time  to 
time  be  prescribed  by  ordinances  not  inconsistent  with  this 
Article.  He  shall  appoint  in  writing  four  assistants,  to  be 
known  respectively,  as  the  Deputy  City  Solicitor  and  Assistant 
City  Solicitor,  all  of  whom  shall  be  members  of  the  Baltimore 
Bar,  and  shall  hold  their  respective  positions  at  salaries  payable 
monthly  of  $3,000  per  annum  for  the  Deputy  City  Solicitor  and 
$2,500  per  annum  for  each  of  the  said  Assistant  Cit3^  Solici- 
tors, during  the  pleasure  of  the  City  Solicitor,  who  is  hereby 
authorized  to  assign  to  them  the  performance,  subject  to  his 
direction  and  control,  of  any  of  the  duties  required  of  him  by 
this  Article,  whether  expressed  to  be  personal  to  himself  or 
not,  excepting  only  such  duties  as  pertain  to  his  character  as  a 
member  of  the  Board  of  Estimates  or  the  Board  of  Awards. 
In  case  any  vacancy  shall  occur  in  the  office  of  the  City  Solicitor 
whether  by  death,  resignation  or  otherwise,  the  Deputy  City 
Solicitor  shall  perform  all  the  duties  appertaining  to  said  office 
until  the  appointment  and  qualification  of  the  new  City  Solici- 
tor, and  during  the  absence,  sickness  or  other  disability  of 
the  City  Solicitor,  the  Deputy  City  Solicitor  shall  perform  all 
the  duties  appertaining  to  the  office  of  City  Solicitor,  including 
his  duties  as  a  member  of  the  Board  of  Estimates  and  of  the 
Board  of  Awards.  In  addition  to  such  other  duties  as  the  City 
Solicitor  may  assign  to  him,  one  of  the  Assistant  City  Solicitors 
shall  have  charge,  subject  to  the  direction  and  control  of  the 
City  Solicitor,  of  the  examination  of  all  titles  on  behalf  of  the 
city,  and  in  doing  such  work  shall  be  aided  by  such  persons  as 
the  City  Solicitor  shall  employ  for  the  purpose  out  of  the  funds 
appropriated  by  the  annual  ordinance  of  estimates  to  his  de- 
partment for  general  expenses,  or  out  of  the  proceeds  of  loans 
or  other  sums  appropriated  by  the  Mayor  and  City  Council  of 
Baltimore  to  defray  the  cost  of  public  improvements  or  work 
involving  the  examination  of  titles  on  behalf  of  the  city. 

In  relation  to  the  powers  and  duties  of  the  City  Solicitor  and  his 
authority  in  representing  the  city  in  suits  prior  to  the  enactment  of 
the  new  City  Charter,  see, 

Balto.  V.  Ritchie,  51  Md.  233.  Ireton  v.  Baltimore,  61  Md.  432.  Dugan 
V.  Mayor,  70  Md.  7,  8.    M.  &  C.  C.  of  Balto.  v.  Turnpike  Co.,  80  Md.  546. 

City  Solicitor  not  a  ministerial  officer, 

Gross  V.  M.  &  C.  C,  111  Md.  543. 


93 

63.  The  City  Solicitor  shall  give  advice  and  opinions  in 
writing  upon  any  legal  questions  aft'ecting  the  interest  of  the 
city,  which  may  be  submitted  to  him  in  writing  by  the  Mayor 
or  either  Branch  of  the  City  Council,  or  any  Committee  there- 
of, or  the  head  of  any  department,  or  a  special  commission  or 
board.  All  deeds,  bonds,  contracts  and  other  legal  instruments 
involving  the  interest  of  the  city  or  to  be  executed  by  or  passed 
to  the  Mayor  or  other  officer  of  the  city  shall,  before  they  are 
executed  or  accepted,  be  submitted  to  the  City  Solicitor  and 
have  endorsed  upon  them  his  opinion  as  to  their  sufficiency  and 
their  compliance  in  terms  and  conditions  with  the  laws  or  ordi- 
nances under  which  they  are  executed.  It  shall  be  the  duty  of 
all  officers  and  departments  of  the  city  to  submit  all  such  bonds, 
contracts  or  other  written  instruments  to  the  City  Solicitor  for 
his  approval  before  executing  or  accepting  the  same. 

64.  The  Law  Department  shall  have  its  offices  and  head- 
quarters in  such  rooms  in  the  City  Hall,  or  elsewhere,  as  the 
Mayor  may  designate,  to  be  provided  and  furnished  at  the 
expense  of  the  city,  and  which  shall  be  open  on  all  business 
days  between  the  hours  of  9  A.  M.  and  3  P.  M.  All  papers  and 
documents  relating  to  the  legal  business  of  the  city  shall  be 
permanently  filed  in  said  office. 

1898,  eh.  123.    1904,  ch.  112.    1906,  ch.  206. 

65.  The  City  Solicitor  is  authorized  to  employ,  in  addition 
to  the  assistants  to  one  of  the  Assistant  City  Solicitors  men- 
tioned in  section  62  of  this  Article,  at  a  total  cost  not  exceeding 
the  aggregate  amount  therefor  fixed  by  the  annual  ordinance  of 
estimates,  a  clerk,  stenographer  and  typewriter,  and  such  other 
assistants  of  every  kind  as  he  may  require,  who  shall  at  all  times 
be  subject  to  his  orders.  The  said  clerk  shall,  subject  to  the 
direction  of  the  City  Solicitor,  have  charge  and  custody  of  the 
office  and  papers  of  the  Law  Department,  which  shall  be  ar- 
ranged and  indexed  by  him  in  such  convenient  and  orderly 
manner  as  to  be  at  all  times  readily  accessible.  He  shall  also 
keep  in  said  office  a  complete  docket  and  duplicate  pleadings 
of  all  suits,  actions,  or  proceedings  in  which  the  city,  or  any 
department  or  official  thereof,  is  interested,  pending  in  any 
Court  or  tribunal,  upon  which  docket  such  appropriate  entries 
shall  be  made  as  to  show  at  all  times  the  coiiditi(jii  of  each  one 
of  such  cases.  He  shall  also  keep  and  record  in  a  book  to  be 
provided  for  that  purpose  the  original  or  duplicate  copies  of  all 
written  opinions  furnished  by  the  Law  Department  to  the  city, 


94 

or  to  any  department  or  official  thereof,  and  also  of  all  abstracts 
of  title  furnished  to  the  city  by  the  Law  Department.  He  shall 
also  procure  as  far  as  possible  all  legal  opinions  and  abstracts 
of  title  which  have  heretofore  been  furnished  to  the  city,  or 
any  department  or  official  thereof,  and  shall  file  and  arrange 
such  opinions  and  abstracts  in  such  manner  and  order  as  to  be 
at  all  times  readily  accessible,  and  shall  make  and  preserve  an 
index  thereof.  He  shall  also  procure  all  law  books  heretofore 
purchased  by  the  city  and  in  possession  of  any  law  officer  or  ex- 
law  officer  of  the  city,  and  arrange  them  in  a  proper  bookcase. 

66.  The  City  Solicitor  shall  have  authority,  with  the  written 
approval  of  the  Mayor,  to  institute  on  behalf  of  the  Mayor  and 
City  Council  of  Baltimore,  any  suit,  action  or  proceeding  in 
any  court  or  tribunal,  local.  State  or  Federal.  All  appeals  on 
behalf  of  the  city  to  the  Court  of  Appeals,  the  Supreme  Court 
of  the  United  States,  the  United  States  Circuit  Court  of  Ap- 
peals or  to  any  other  Court  shall  be  taken  upon  the  written 
order  of  the  City  Solicitor,  approved  by  the  Mayor. 

M.  &  C.  C.  of  Baltimore  v.  Turnpike  Co.,  80  Md.  536. 

67.  The  City  Solicitor  and  his  Assistants  shall  be  allowed 
reasonable  traveling  expenses  outside  of  the  city,  to  be  audited 
by  the  Comptroller,  when  on  business  connected  with  the  Law 
Department. 

DEPAETMENT  OF  PUBLIC  SAFETY. 

68.  There  shall  be  a  Department  of  Public  Safety  of  the 
Mayor  and  City  Council  of  Baltimore,  which  shall  consist  of 
the  Board  of  Fire  Commissioners,  Commissioner  of  Health, 
Inspector  of  Buildings  and  Commissioner  of  Street  Cleaning, 
and  ex  officio  the  President  of  the  Board  of  Police  Commis- 
sioners. The  head  of  said  department  shall  consist  of  a  Board 
of  Public  Safety,  composed  of  the  President  of  the  Board  of 
Fire  Commissioners,  who  shall  be  President  of  said  Board, 
Commissioner  of  Health,  Inspector  of  Buildings,  Commissioner 
of  Street  Cleaning,  and  the  President  of  the  Board  of  Police 
Commissioners.  This  Board  shall  be  for  consultation  and  ad- 
vice, and  it  shall  have  no  power  to  direct  or  control  the  duties 
or  the  work  of  any  sub-department.  It  shall  perform  such  other 
duties  as  may  be  required  of  it  by  ordinances  not  inconsistent 
with  this  Article. 


95 

BOARD  OF  FIRE  COMMISSIONERS. 

69.  The  Board  of  Fire  Commissioners  shall  be  the  head 
of  the  first  sub-departmeut  of  Public  Safety,  and  shall  consist 
of  a  Board  of  three  persons  appointed  by  the  Mayor  in  the  man- 
ner prescribed  in  section  25  of  this  Article,  and  hold  their 
offices  as  therein  provided,  and  they  shall  have  control,  regula- 
tion and  supervision  of  the  Fire  Department  and  matters  re- 
lating to  the  same,  and  shall  perform  such  other  duties  as  may 
be  required  by  ordinances  not  inconsistent  with  this  Article. 
One  of  said  three  persons  shall  be  designated  by  the  Mayor  as 
the  President  of  said  Board.  Each  member  of  said  Board 
shall  be  paid  a  salary  of  one  thousand  dollars  per  annum,  paya- 
ble monthly.  They  shall  have  power  to  appoint  ajl  subordi- 
nates in  their  sub-department,  and  fix  their  compensation,  not, 
however,  to  exceed  in  number  of  employees  or  aggregate  amount 
of  compensation  the  limits  fixed  by  ordinance. 

1884,  ch.  312.    1886,  ch.  463.    1888,  ch.  393.    P.  L.  L.,  (1888)  Art.  4, 

sees.  315  and  315A. 

70.  The  Board  of  Fire  Commissioners  of  the  City  of  Balti- 
more may  retire  from  office  in  the  Fire  Department  any  per- 
manent or  call  member  thereof  who  has  become  permanently 
disabled  while  in  the  actual  performance  of  duty,  or  who  has 
performed  faithful  service  in  the  department  for  a  period  of 
not  less  than  twenty  consecutive  years,  or  who  may  become  una- 
ble to  perform  further  service  by  reason  of  age  or  other  physi- 
cal or  mental  disabilities,  and  place  the  member  so  retired  upon 
a  pension  roll.  And  said  Board  may  also  provide  for  the  re- 
lief of  the  widows  and  children  of  firemen  who  may  be  killed 
in  the  discharge  of  dutv.  The  amount  of  such  annual  pension 
to  be  allowed  by  said  Board  of  Fire  Commissioners  to  each 
pensioner  shall  be  equal  to  one-half  the  yearly  amount  then 
being  received  by  him,  for  service  in  said  department  at  the 
time  of  such  retirement,  per  annum,  payable  in  monthly  in- 
stallments. 

COMMISSIONER  OF  HEALTH. 

71.  The  Commissioner  of  Health  shall  be  the  head  of  the 
second  sub-department  of  Public  Safety.  He  shall  be  appointed 
by  the  Mayor,  in  the  mode  prescribed  in  section  2.5  of  tliis  Arti- 
cle, and  hold  his  office  as  therein  provided.  It  shall  be  liis  duty 
to  cause  all  ordinances  now  in  existence  or  wliich  may  here- 
after be  enacted  for  the  preservation  of  the  health  of  tlie  City 
of  Baltimore,  not  inconsistent  with  this  Article,  to  be  faitlifully 


96 

Qsecuted  and  strictly  observed;  and  all  power  and  authority 
now  lodged  in  the  Board  of  Health  in  said  city  shall  be  and 
the  same  is  hereby  transferred  to  the  Commissioner  of  Health. 
His  salary  shall  be  three  thousand  five  hundred  dollars  per 
annum,  payable  monthly,  and  he  shall  be  a  physician  of  five 
years'  experience  and  active  practice  at  the  time  of  his  appoint- 
ment. He  shall  perform  such  duties  in  this  department  as  are 
now  required  or  may  hereafter  be  prescribed  by  ordinance  not 
inconsistent  with  this  Article.  The  Commissioner  of  Health 
may  appoint  two  Assistant  Commissioners  of  Health,  a  Medical 
Examiner  and  an  Assistant  Medical  Examiner,  and  a  reasona- 
ble number  of  clerks  and  subordinates,  and  fix  their  compensa- 
tion, but  no  greater  number  of  persons  shall  be  appointed  by  or 
employed  under  said  Commissioner  of  Health  than  the  public 
interests  demand  and  the  appropriation  by  the  Mayor  and  City 
Council  of  Baltimore  shall  justify. 

J"'or  origin  of  provisions  of  cliarter  under  ttiis  title,  see  City  Code 
(1893),  Art.  23. 

72.  There  may  be  appointed  by  the  Commissioner  of  Health, 
a  reasonable  number  of  Sanitary  Inspectors  for  said  city,  not 
exceeding  fifteen,  of  whom  two  may  be  physicians,  and  one,  at 
least,  shall  be  a  person  skilled  in  the  matters  of  drainage  and 
ventilation;  and  the  Commissioner  of  Health  from  time  to 
time  may  prescribe  the  duties  of  each,  consistent  with  the  ordi- 
nances now  existing  or  hereafter  enacted,  and  not  inconsistent 
with  this  Article. 

1894,  ch.  53. 

73.  The  Commissioner  of  Health  shall  appoint  all  inspectors 
and  analysts  of  bakeries,  bake  shops,  candy  factories,  confec- 
tioners or  other  places  for  the  manufacture  of  bread,  cakes, 
confectionery  and  similar  food  products,  for  the  purpose  more 
especially  of  ascertaining  their  sanitary  condition  and  cleanli- 
ness, and  for  the  purpose  of  ascertaining  the  purity,  healthful- 
ness  and  wholesomeness  of  the  flour,  sugar,  butter,  lard  or  other 
ingredients  used  in  making  such  bread,  cakes,  confectionery 
and  other  articles  of  food  offered  for  sale  in  the  City  of  Balti- 
more, or  intended  for  consumption  therein,  as  by  ordinance  may 
be  prescribed. 

Deems  v.  M.  &  C.  C.  of  Baltimore,  80  Md.  170. 

1894,  ch.  53. 

74.  The  Commissioner  of  Health  shall  appoint  all  inspectors 
and  analysts  for  the  proper  inspection  of  milk  or  any  and  all 


97 

other  food  products  offered  for  sale  in  the  City  of  Baltimore, 
or  intended  for  consumption  therein,  as  by  ordinance  may  be 
prescribed. 

Deems  v.  M.  &  C.  C.  of  Baltimore,  80  Md.  170. 

75.  One  of  the  Assistant  Commissioners  of  Health,  who 
shall  be  a  legally  authorized  practicing  physician  in  good 
standing,  shall  be  assigned  to  the  performance  of  the  duties 
of  Quarantine  Hospital  Physician.  He  shall  reside  perma- 
nently on  the  grounds  attached  to  the  Hospital  on  the  southern 
shore  of  the  Patapsco  River,  and  known  as  the  Quarantine  Hos- 
pital of  the  port  of  Baltimore,  and  shall  superintend  all  the 
affairs  of  the  hospital  and  the  adjacent  grounds,  under  the  direc- 
tion of  the  Commissioner  of  Health.  Whatever  powers  have 
been  heretofore  granted  by  the  Mayor  and  City  Council  of 
Baltimore,  in  regard  to  quarantine  regulations,  to  the  Board  of 
Health,  are  hereby  transferred  to  the  Commissioner  of  Health, 
subject  to  alteration,  amendment  or  repeal  by  ordinances  not 
inconsistent  with  this  Article. 

76.  In  consideration  of  the  duties  to  be  performed  by  one 
of  the  Assistant  Commissioners  of  Health  as  Quarantine  Hos- 
pital Physician,  said  officer  shall  hereafter  receive,  in  lieu  of  all 
commissions  and  fees,  a  salary  of  three  thousand  dollars  per 
annum,  payable  monthly,  and  he  may  occupy  the  dwelling  on 
the  hospital  grounds  free  of  charge,  but  all  expenses  incurred 
for  his  support,  or  that  of  his  family,  shall  be  defrayed  out  of 
his  salary.  The  other  Assistant  Commissioner  of  Health  shall 
be  allowed  a  salary  of  two  thousand  dollars  per  annum,  payable 
monthly. 

1898,  ch.  123.    1900,  ch.  109. 

77.  The  Commissioner  of  Health  shall  annually  appoint  a 
Vaccine  Physician  for  every  ward  of  the  City  of  lialtimore, 
who  shall  be  a  resident  of  the  ward  for  which  he  may  be  ap- 
pointed, who  shall  vaccinate  in  his  ward  all  such  persons  as  may 
be  designated  by  the  Commissioner  or  Assistant  Commissioner 
of  Health  as  susceptible  to  small-pox  contagion,  nnd  whose  duty 
it  shall  be  to  visit  each  dwelling  house  in  the  ward  for  which 
he  is  appointed  and  vaccinate  every  person  who  may  bo  pre- 
sented to  him  for  that  purpose,  and  to  be  prepared  at  his  olllce 
at  such  hours  as  may  be  designated  by  the  Commissioner  of 
Health  to  vaccinate  all  who  may  there  call  on  liim  llial  arc 
residents  of  said  ward  requiring  vaccination,  lie  shall  keep  a 
record  of  the  names,  ages  and  residences  of  nil  wlioin  lie  slnili 

(5) 


98 

vaccinate  or  re-vaccinate,  and  report  the  same  monthly  under 
oath  or  affirmation  to  the  Commissioner  of  Health,  and  shall 
also  report  to  said  Commissioner  of  Health  monthly  the  names 
of  all  persons  who  shall  refuse  to  suffer  themselves  or  the  mem- 
bers of  their  household  to  he  vaccinated  when  the  same  shall 
be  necessary.  He  shall  discharge  all  other  duties  which  may 
be  required  of  him  as  such  Vaccine  Physician  by  ordinances 
not  inconsistent  with  this  Article,  and  shall  also  discharge  the 
duties  of  Sanitary  Inspector  for  his  ward.  Each  Vaccine 
Physician  shall  be  paid  a  salary  of  not  more  than  nine  hundred 
dollars  ($900)  per  annum,  to  be  fixed  by  the  Health  Commis- 
sioner, payable  monthly. 

78.  Each  of  the  said  Vaccine  Physicians  shall  act  as 
health  warden  of  his  respective  wards,  and  shall  sign,  without 
charge,  all  certificates  that  may  be  required  of  him  to  enable 
children  from  the  respective  vaccine  districts  to  enter  any  of 
the  public  schools  of  Baltimore;  and  he  shall  have  a  general 
supervision  of  the  health  of  his  respective  wards,  and  report  to 
the  Commissioner  of  Health  any  nuisance  which  in  his  opinion 
is  or  may  become  a  source  of  disease,  and  in  case  of  the  mani- 
festation of  any  contagious  disease,  he  shall  at  once,  under  the 
direction  of  the  Commissioner  of  Health,  proceed  to  use  such 
means  as  the  nature  of  the  case  may  demand,  to  arrest  its 
progress. 

INSPECTOK  OF  BUILDINGS. 

79.  The  Inspector  of  Buildings  shall  be  the  head  of  the 
third  sub-department  of  Public  Safety.  He  shall  be  an  archi- 
tect or  builder  of  ten  years'  experience  in  the  active  practice  of 
his  profession  and  have  had  responsible  charge  of  work  for 
at  least  that  length  of  time.  He  shall  be  appointed  by  the 
Mayor  in  the  mode  prescribed  in  section  25  of  this  Article, 
and  hold  his  office  as  therein  provided,  and  under  this  depart- 
ment he  shall  have  the  supervision  of  the  construction  of  all 
buildings  erected  in  the  said  city,  and  shall  see  that  the 
building  laws  relating  to  the  construction  of  said  buildings 
shall  be  complied  with,  and  he  shall  perform  such  other  duties 
as  may  be  prescribed  by  ordinances  not  inconsistent  with  this 
Article.  He  shall  be  paid  a  salary  of  three  thousand  dollars 
per  annum,  payable  monthly. 

1882,  ch.  74.     P.  L.  L.,   (1888)  Art.  4,  sec.  129. 

80.  It  shall  be  the  duty  of  the  Inspector  of  Buildings  to 


99 

visit  and  inspect  all  theatres,  hotels,  public  halls,  churches, 
school-houses  and  buildings  used  for  public  assemblages,  and 
all  manufactories  employing  twenty-five  or  more  persons,  now 
erected  or  that  mav  hereafter  be  erected  in  the  Citv  of  Balti- 
more  for  the  purpose  of  ascertaining  if  said  buildings  have  the 
proper  means  of  exit  in  case  of  fire  or  panic;  and  if,  on 
examination,  the  said  Inspector  of  Buildings,  shall  determine 
that  said  buildings,  as  herein  enumerated,  have  not  the  proper 
means  of  exit  for  the  purposes  herein  prescribed,  then  it  shall 
be  the  duty  of  the  said  Inspector  of  Buildings  to  notify  in 
writing,  the  owners,  trustees  or  lessees  of  said  buildings  that 
the  proper  means  of  exit  do  not  exist,  and  direct  the  said 
owners,  trustees  or  lessees  of  said  buildings,  as  herein  enumer- 
ated, to  so  improve  the  same  as  to  provide  the  proper  means 
of  exit,  in  case  of  fire  or  panic,  as  in  the  judgment  of  the  said 
Inspector  of  Buildings  he  may  deem  proper  and  necessary, 

1882,  ch.  74.     P.  L.  L.,   (1888)   Art.  4,  sec.  130. 

81.  If  any  person  having  been  notified,  as  provided  in  the 
preceding  section,  shall  fail  to  comply  with  said  notice,  he  shall, 
after  the  expiration  of  thirty  days  from  the  date  of  said  notice, 
forfeit  and  pay  a  fine  of  one  hundred  dollars  for  non-com- 
pliance therewith,  and  twenty-five  dollars  per  day  for  each 
and  every  day  thereafter  that  he  shall  refuse  to  make  such 
improvements  as  prescribed  in  the  notice  so  given,  as  provided 
in  the  preceding  section ;  said  fines  to  be  collected  as  other 
fines  are  collected  by  law. 

82.  It  shall  be  the  duty  of  the  Inspector  of  Buildings  to 
enforce  the  execution  of  all  existing  or  hereafter  enacted  build- 
ing regulations  and  ordinances  relating  to  the  construction, 
alteration  and  removal  of  buildings,  or  other  structures,  walls 
or  parts  of  buildings  or  other  structures.  The  Inspector  of 
Buildings  shall  have  power  to  appoint  such  assistants  and 
subordinates,  clerks  and  employees  as  are  or  may  hereafter  be 
prescribed  by  ordinance,  and  fix  their  compensation,  not  to 
exceed  in  the  aggregate  the  amount  allowed  by  ordinance. 

COMMISSIONER  OF  STREET  CLEANING. 

83.  The  Commissioner  of  Street  Cleaning  shall  be  the  head 
of  the  fourth  sub-department  of  Public;  Safety.  He  shall  bo 
appointed  by  the  Mayor  in  the  mode  prescribed  in  section  Sf)  of 
this  Article,  and  hold  his  office  as  therein  provided.  lie  shall  be 
charged  with  the  duty  of  cleuTiing  tli(^  streets,  as  well   as  the 


100 

cleaning  of  the  sewers,  subject  as  to  the  latter  to  the  direction 
and  orders  of  the  City  Engineer ;  and  shall  perform  such  other 
duties  as  may  be  prescribed  by  ordinances  not  inconsistent  with 
this  Article.  He  shall  be  paid  a  salary  of  two  thousand  five 
hundred  dollars  per  annum,  payable  monthly.  The  Commis- 
sioner may  appoint  such  subordinates  as  his  department  shall 
require,  and  fix  their  compensation,  not  to  exceed  in  the 
aggregate  the  amount  appropriated  by  ordinance. 

DEPAKTMENT  OF  PUBLIC  IMPROVEMENTS. 

1914,  ch.  852. 

84.  There  shall  be  a  Department  of  Public  Improvements 
of  the  Mayor  and  City  Council  of  Baltimore,  the  head  of  which 
department  shall  be  the  Chief  Engineer  of  Baltimore,  who 
shall  be  appointed  by  the  Mayor  in'  the  mode  prescribed  in 
section  25  of  this  Article,  and  hold  his  office  as  therein  pro- 
vided, except  that  the  first  Chief  Engineer  who  shall  be  ap- 
pointed in  pursuance  of  this  Act  may  be  appointed  by  the 
Mayor  as  soon  after  the  passage  of  this  Act  as  to  him  may  seem 
proper,  to  hold  office  until  the  first  Monday  in  October,  1915. 
The  said  Chief  Engineer  of  Baltimore  shall  be  a  civil  engineer 
of  standing  in  his  profession  and  shall  have  been  in  active 
practice  and  have  had  responsible  charge  of  work  for  at  least 
five  years;  he  shall  have  supervision  of  all  engineering  ques- 
tions and  matters  connected  with  any  and  every  public  improve- 
ment in  Baltimore  City  or  elsewhere,  made  by  the  Mayor  and 
City  Council  of  Baltimore,  or  any  department,  board  or 
agency  thereof,  and  all  plans  and  specifications  for  all  such 
public  improvements  involving  any  engineering  question  or 
questions  shall  be  submitted  to  him  and  be  subject  to  his  ap- 
proval. He  shall  take  the  place  of  the  City  Engineer  as  Chief 
Engineer  of  the  Paving  Commission  and  shall  advise  the  Board 
of  Estimates  on  all  engineering  matters ;  he  shall  perform  such 
other  duties  as  may  be  imposed  upon  him  by  ordinances  of  the 
Mayor  and  City  Council  of  Baltimore  or  by  the  Board  of 
Estimates  not  inconsistent  with  those  herein  specified ;  he  shall 
receive  a  salary  of  $4,500.00  per  annum,  payable  as  the 
salaries  of  other  city  officials,  subject,  however,  to  the  pro- 
visions of  section  36A  of  the  City  Charter;  he  shall  give  his 
whole  time  and  attention  to  the  duties  of  his  position,  and  shall 
not  accept  or  engage  in  any  other  employment  during  the  time  of 
holding  said  position,  except  by  the  previous  consent  of  the 
Board  of  Estimates  entered  upon  their  minutes.  The  organi- 
zation of  the  Department  of  Public  Improvements  shall  con- 


101 

sist  of  the  Chief  Engineer  of  Baltimore,  as  president,  and  of 
the  following  sub-departments : 

Highwaj^s  Engineer, 

Commission  on  City  Plan, 

Topographical  Survey  Commission, 

Sewerage  Commission, 

Paving  Commission, 

Annex  Improvement  Commission, 

Electrical  Commission, 

Water  Board, 

Harbor  Board, 

Inspector  of  Buildings, 

City  Surveyor. 

The  City  Surveyor,  under  the  direction  of  the  Chief  Engi- 
neer, shall  perform  such  duties  as  may  be  imposed  upon  him 
by  ordinance ;  he  shall  receive  as  compensation  for  the  discharge 
of  his  duties  the  sum  of  three  thousand  dollars  ($3,000.00)  per 
annum,  payable  as  the  salaries  of  other  city  officials  are  pay- 
able, which  shall  be  in  lieu  of  all  fees  or  emoluments  received 
by  him  which  have  been  heretofore  chargeable  to  the  city,  and 
all  fees  and  emoluments  which  he  may  receive  from  any*^  party 
other  than  the  city  shall  be  collected  by  him  and  turned  over  to 
the  Comptroller  and  credited  to  the  general  revenue  of  the  city. 

The  Highways  Engineer,  under  the  direction  of  the  Chief 
Engineer  of  Baltimore,  shall  perform  all  the  duties  heretofore 
performed,  or  required  by  any  law  to  be  performed,  by  the 
City  Engineer,  except  the  duties  of  the  Chief  Engineer  of  the 
Paving  Commission,  which  shall  be  performed  by  the  Chief 
Engineer  of  Baltimore. 

The  other  sub-departments  above  mentioned  shall  continue 
to  perform  the  duties  imposed  upon  them  by  law  as  heretofore, 
excepting  only  that  they  shall  be  subject  to  the  supervision  and 
direction  of  the  Chief  Engineer  of  Baltimore  as  lierein  pro- 
vided. He  shall  be  the  arbiter  of  all  questions  and  controversies 
that  may  arise  between  any  of  the  said  sub-departments  or  be- 
tween the  engineers  of  said  sub-departments,  and  his  decision 
shall  be  final.  He  shall  have  power  to  call  togetlier  for  consulta- 
tion, whenever  he  deems  it  advisable,  the  Highways  Engineer, 
the  Water  Engineer,  the  Harbor  Engineer,  tlie  City  Surveyor, 
and  the  Engineer  of  each  of  the  other  sub-departments  above 
mentioned,  or  the  chief  engineer  of  any  of  said  snb-dopartmonts 
having  more  than  one  engineer.  Upon  re(inest  of  any  sub- 
department,  or  the  head  or  engineer  thereof,  or  any  other  party 
in  interest,  he  shall  call  together  the  engineers  above  mentioned 


102 

to  discuss  and  give  their  opinions  upon  any  engineering  ques- 
tion that  may  arise  or  be  presented  for  his  determination ;  and, 
in  the  event  of  any  controversy  between  any  of  the  sub-depart- 
ments or  the  engineers  thereof,  he  shall  give  opportunity  to 
both  sides  to  be  heard  before  said  board  of  engineers ;  but  after 
such  hearing,  and  after  hearing  the  opinions  of  said  engineers, 
the  decision  of  the  matter  shall  be  made  by  the  said  Chief  Engi- 
neer. Whenever,  because  of  sickness,  temporary  absence  from 
the  city,  or  other  disability,  or  under  the  stress  of  conflicting 
engagements  or  other  reasonable  necessity,  the  Chief  Engineer 
of  Baltimore  shall  be  unable  to  discharge  any  duties  or  exercise 
any  power  imposed  or  conferred  upon  him  in  person  in  his 
primary  capacity  as  Chief  Engineer  of  Baltimore,  by  law  or 
ordinance,  he  shall  be  and  is  hereby  authorized  to  delegate  in 
writing,  subject  to  the  approval  of  the  Mayor,  the  discharge  of 
such  duty  or  the  exercise  of  such  power  to  such  one  or  more  of 
his  chief  subordinates  as  he  may  select. 

There  shall  be  connected  with  said  Department  of  Public 
Improvements  a  Board  of  Public  Improvements,  composed  of 
the  Chief  Engineer  of  Baltimore,  the  Highways  Engineer,  the 
Water  Engineer,  the  Harbor  Engineer,  and  the  Inspector  of 
Buildings.  This  Board  shall  be  for  consultation  and  advice.  It 
shall  have  no  power  to  direct  or  control  the  duties  or  the  work 
of  any  sub-department  under  this  Department,  It  shall  per- 
form such  other  duties  as  may  be  required  of  it  by  ordinances 
not  inconsistent  with  this  Article. 

85.  When  any  ordinance  for  a  public  improvement,  not 
included  in  the  ordinance  of  estimates  furnished  by  the  Board 
of  Estimates  under  the  provisions  of  this  Article,  exceeding 
in  cost  the  sum  of  two  thousand  dollars  has  passed  its  first 
reading  in  the  Branch  of  the  City  Council  in  which  it  origi- 
nates, it  shall  be  referred  to  the  Board  of  Public  Improvements 
for  an  opinion,  in  writing,  as  to  its  advisability  and  whether 
the  wants  of  the  city  actually  require  such  an  improvement,  and 
by  the  last-named  Board  with  such  opinion  attached  to  said 
ordinance  it  shall  be  sent  to  the  Board  of  Estimates  for  its 
opinion,  in  writing,  as  to  the  probable  cost  of  the  same  and 
whether  the  financial  condition  of  the  city  will  justify  such  an 
expenditure.  "No  further  action  with  regard  to  said  ordinance 
shall  be  taken  by  the  City  Council  until  such  reports  have  been 
made  and  submitted  to  both  Branches  of  the  City  Council  and 
read  and  entered  on  the  respective  journals  of  said  Branches. 
It  shall  be  the  duty  of  both  of  the  said  Boards  to  promptly  make 


103 


the  said  reports  and  the  Board  of  Estimates  shall  return  the 
same  attached  to  said  ordinance  to  the  City  Council. 
Baltimore  City  v.  Gorter,  93  Md.  13. 

HIGHWAYS  El^GINEER. 

1906,  ch.  459.     1914,  ch.  852. 

86.  The  Highways  Engineer,  who  shall  be  the  head  of  the 
first  sub-department  of  Public  Improvements,  shall  be  ap- 
pointed by  the  Mayor  in  the  mode  prescribed  in  section  25  of 
this  Article,  and  hold  his  office  as  therein  provided.  He  shall 
have  control  and  supervision  of  the  streets,  highways,  lanes  and 
alleys  of  the  City  of  Baltimore,  both  as  to  their  construction, 
paving  and  curbing.  He  shall  construct  all  sewers,  unless 
otherwise  provided  by  ordinance  of  the  City  Council  or  Act  of 
the  Legislature.  He  shall  be  a  civil  engineer  in  the  active 
practice  of  his  profession  for  five  years,  and  one  who  has  had 
responsible  charge  of  work  for  at  least  that  length  of  time.  He 
shall  perform  all  the  duties  heretofore  performed  by  the  City 
Engineer,  unless  otherwise  provided  in  this  Article.  He  shaU 
receive  a  salary  of  forty-five  hundred  dollars  ($4,500.00)  per 
annum,  payable  monthly,  and  perform  such  other  duties  as  may 
be  prescribed  by  ordinances  not  inconsistent  with  this  Article. 
He  shall  have  power  to  appoint  such  subordinates  as  he  may 
require,  and  fix  their  compensation,  not,  however,  to  exceed  in 
number  or  compensation  the  limits  fixed  by  ordinance  (pro- 
vided, however,  that  nothing  in  this  Act  contained  shall  be  con- 
strued to  in  any  wise  impair  or  modify  the  powers  conferred 
upon  the  Sewerage  Commission  created  under  the  provisions  of 
Chapter  349  of  the  Acts  of  1004). 

86A.     Ptcpealed  by  Act  of  1914,  ch.  852. 
PKOTECTION   OF   IMPEOVED   PAVEMENTS. 

1906,  ch.  798. 

86B.  Whenever  any  of  the  streets,  lanes  or  alleys  of  the 
City  of  Baltimore  are  to  be  paved  or  repaved  with  any  new  or 
improved  pavements,  the  City  Engineer  before  said  paving  or 
repaving  is  proceeded  with  shall  cause  a  notice  to  be  inserted 
in  two  daily  newspapers  published  in  the  City  of  Baltimore, 
once  a  week  for  four  successive  weeks,  notifying  all  persons  and 
corporations  that  upon  the  expiration  of  a  day  to  be  named  in 
said  notice,  said  day  not  to  be  less  than  six  weeks  from  the  date 
of  the  first  insertion  of  said  notice,  he  will  proceed  witli  said 
paving  or  repaving  and  warning  said  persons  and  corporations  to 


104 

obtain  permits  for  and  to  complete  all  work  that  might  in  any 
way  necessitate  the  digging  or  tearing  up  of  the  said  street, 
lane  or  alley,  or  any  part  thereof  when  so  paved  or  repaved, 
before  said  day,  and  written  or  printed  notices  of  like  tenor 
and  effect  shall  likewise  at  least  four  weeks  before  the  expira- 
tion of  said  day,  be  served  by  the  City  Engineer,  or  on  his  be- 
half, upon  all  persons  or  corporations  that  he  may  suppose  to 
be  interested  in  receiving  such  notices ;  provided,  however,  that 
the  service  of  such  last  mentioned  notices  shall  not  be  so  con- 
strued as  to  be  one  of  the  prerequisites  to  the  validity  of  the 
proceedings  by  the  city  under  this  and  the  succeeding  section 
of  this  Article. 

1906,  ch.  798. 

86C.  The  said  pavement  or  repavement  when  thereafter 
laid  shall  in  no  event  be  dug  or  torn  up  in  whole  or  in  part  at 
the  instance  of  or  by  any  person  or  corporation,  unless  in  the 
case  of  some  special  emergency  that  could  not  under  the  cir- 
cumstances be  reasonably  expected  to  have  been  foreseen  by  said 
person  or  corporation,  except  upon  a  permit  obtained  therefor, 
signed  and  issued  by  the  Mayor  and  City  Engineer,  jointly, 
which  said  permit  said  Mayor  and  City  Engineer  are  expressly 
empowered  in  their  absolute  discretion  to  issue  or  withhold  as 
the  circumstances  may  appear  to  them  to  warrant.  In  case  the 
said  Mayor  and  City  Engineer  determine  to  issue  said  permit, 
they  may  attach  such  conditions  and  terms  thereto  as  they  may 
deem  right  and  proper. 

1912,  ch.  429. 

86D.  The  City  Engineer  shall  be  the  Chief  Engineer,  and 
after  the  Sewerage  Commission  shall  have  completed  the  sewer- 
age system,  under  all  Acts  of  the  General  Assembly  of  Mary- 
land, and  shall  have  turned  the  same  over  to  the  Mayor  and 
City  Council  of  Baltimore,  as  therein  provided,  the  City  Engi- 
neer shall  have  charge  of  the  maintenance  and  extension  of  the 
sewerage  system. 

WATER  BOARD. 

87.  The  Water  Board  shall  be  the  head  of  the  second  sub- 
department  of  Public  Improvements,  and  shall  have  chai-ge  of 
the  water  supply  to  the  inhabitants  of  the  City  of  Baltimore, 
and  shall  consist  of  five  persons  appointed  by  the  Mayor  in  the 
manner  prescribed  in  section  25  of  this  Article,  and  hold  their 
offices  as  therein  provided.     One  of  said  five  persons,  who  shall 


105 

be  the  President  of  said  Board  and  knoA\Ti  as  the  Water  Engi- 
neer, and  so  named  by  the  Mayor,  shall  be  a  civil  engineer  in  the 
active  practice  of  his  profession  for  five  years,  and  who  has  had 
responsible  charge  of  work  for  at  least  that  period  of  time.  The 
Water  Engineer  shall  receive  a- salary  of  four  thousand  dollars 
per  annum,  payable  monthly,  and  the  other  members  of  said 
Board  shall  serve  without  pay.  All  subordinates  employed  in 
said  sub-department  shall  be  appointed  by  the  Water  Engineer, 
subject  to  the  approval  of  said  Board ;  he  shall  fix  their  compen- 
sation not  to  exceed  in  the  aggregate  the  amount  appropriated  by 
ordinance.  The  Water  Engineer  and  Water  Board  shall  per- 
form such  other  duties  as  now  or  may  hereafter  be  prescribed 
by  ordinances  not  inconsistent  with  this  Article. 

1904,  ch.  364. 

87A.  The  Water  Board  shall  have  such  power  and  authority 
with  reference  to  the  assessing  and  establishing  of  rates  either 
by  meter,  fixed  charge  or  otherwise,  for  the  supply  and  use  of 
water  for  any  purpose  and  at  any  point  in  Baltimore  City  and 
County,  as  may  be  delegated  by  said  Board  by  ordinance  of  the 
Mayor  and  City  Council  of  Baltimore;  payments  of  said  rates 
to  be  enforced  as  now  provided  by  law ;  and  the  said  Water 
Board  shall  also  have  such  power  and  authority  with  reference 
to  the  abatement  of  water  rates  as  may  be  delegated  to  them  by 
ordinance  of  the  Mayor  and  City  Council  of  Baltimore. 

IIAEBOR  BOARD. 

1908,  ch.  170. 

38.  The  Harbor  Board  shall  be  the  head  of  the  third  sub- 
department  of  Public  Improvements,  which  shall  have  charge  of 
the  harbor,  wharves  and  navigable  waters,  including  bridges 
over  same,  in  and  adjacent  to  the  City  of  Baltimore.  It  shall 
consist  of  five  persons  appointed  by  the  Mayor  in  the  manner 
prescribed  in  section  25  of  this  Article,  who  shall  hold  tlieir 
offices  as  therein  provided.  One  of  said  five  persons,  who  shall 
be  the  president  of  said  board,  and  known  as  the  Harbor  Engi- 
neer, and  so  named  by  the  Mayor,  shall  be  a  civil  engineer  in 
the  active  practice  of  his  profession  for  five  years,  and  who  has 
had  responsible  charge  of  work  for  at  least  tliat  period  of  time. 
Tlio  Harbor  Engineer  shall  receive  a  siilnry  of  four  tlioiisnnd 
dollars  per  annum,  payable  monthly,  and  the  other  members  of 
said  board  shall  serve  without  pay.  All  subordinates  employed 
in  said  sub-department  shall  be  appointed  by  the  Harbor  Engi- 
neer, subject  to  the  approval  of  said  board;  he  shall  fix  their 


106 

compensation,  not  to  exceed  in  the  aggregate  the  amount  appro- 
priated by  ordinance.  The  Harbor  Engineer  and  Harbor  Board 
shall  perform  such  other  duties  as  may  hereafter  be  prescribed 
by  ordinances  not  inconsistent  with  this  Article. 

INSPECTOE  OF  BUILDINGS. 

89.  The  Inspector  of  Buildings  shall  be  the  head  of  the 
fourth  sub-department  of  Public  Improvements,  and  shall  be 
the  same  officer  whose  appointment  is  provided  for  herein  in 
the  Department  of  Public  Safety.  The  duties  he  shall  perform 
in  this  department  and  sub-department  shall  be  the  superin- 
tendence of  the  construction  and  repairing  of  all  buildings  built 
by  the  city,  unless  otherwise  provided  by  ordinances.  He  shall 
receive  no  additional  pay  for  his  services  rendered  in  this  de- 
partmtot.  Pie  shall  perform  such  other  duties  in  this  depart- 
ment as  may  be  required  of  him  by  ordinances  not  inconsistent 
with  this  Article. 

DEPARTMENT  OF  PUBLIC  PARKS  AND  SQUARES. 

1906,  ch.  416. 

90.  There  shall  be  a  Department  of  Public  Parks  and 
Squares  of  the  Mayor  and  City  Council  of  Baltimore,  the  head 
of  said  department  shall  consist  of  a  Board  of  Park  Commis- 
sioners composed  of  five  members  to  serve  without  pay,  ap- 
pointed by  the  Mayor  in  the  manner  prescribed  in  section  25  of 
this  Article,  one  of  whom  shall  be  the  President  thereof,  and 
shall  be  so  designated  by  the  Mayor.  Their  term  of  office  shall 
be  five  years,  one  of  them  to  retire  at  the  end  of  every  year  at 
which  time  his  successor  shall  be  appointed.  The  present  Board 
shall  determine  by  lots  their  terms  of  office  so  as  to  provide  for 
the  retirement  of  one  of  its  members  on  the  first  Monday  in 
October  in  the  vear  1906,  and  one  at  the  end  of  each  vear 
thereafter  succeeding;  provided,  however,  that  none  of  the 
present  Board  shall  serve  for  a  longer  term  than  five  years, 
unless  reappointed ;  said  Board  shall  elect  a  secretary,  who  shall 
be  paid  a  salary  of  one  thousand  five  hundred  dollars  ($1,500) 
per  annum,  payable  monthly,  and  he  shall  be  the  clerk  of  said 
Board,  and  shall  perform  such  duties  as  may  be  prescribed  by 
said  Board.  The  said  Board  shall  perform  such  other  duties  as 
may  be  prescribed  by  ordinances  not  inconsistent  with  this 
Article. 

1906,  ch.  416. 

91.  The  Board  of  Park  Commissioners  shall  have  charge 


107 

and  control  of  all  public  parks,  squares,  boulevards  leading  to 
parks,  springs  and  monuments  belonging  to  and  controlled  by 
or  in  the  custody  of  the  Mayor  and  City  Council  of  Baltimore ; 
and  it  shall  have  power  and  authority  to  rent  or  lease  property, 
which  it  may  acquire  on  behalf  of  the  city,  whether  by  purchase, 
condemnation  or  otherwise,  at  such  reasonable  rentals,  and  for 
such  terms  as  to  the  said  Board  may  seem  proper. 

1862,  ch.  29.     P.  L.  L.,   (188S)   Art.  4,  sec.  706. 

92.  The  Board  of  Park  Commissioners  shall  have  power 
from  time  to  time  to  make  such  rules  and  regulations  for  the 
government  and  preservation  of  order  within  the  parks,  squares, 
springs  and  monuments  belonging  to,  controlled  by,  or  in  tlie 
custody  of  the  Mayor  and  City  Council  of  Baltimore,  as  it  may 
deem  expedient.  To  carry  out  such  regulations,  lines  not 
exceeding  in  any  one  case  one  hundred  dollars  shall  be  imposed 
for  breaches  of  said  rules  and  regulations,  which  fines  shall  be 
recoverable  as  other  fines  are  in  the  name  of  the  city,  and  said 
amounts  so  recovered  shall  be  used  and  appropriated  to  the 
purposes  of  the  Board  of  Park  Commissioners. 

1876,  ch.  40.    P.  L.  L.,  (1888)  Art.  4,  sec.  707.    1902,  ch.  92.  1906,  ch.  416. 

93.  The  Board  of  Park  Commissioners  is  authorized  and 
empowered  to  regulate  the  speed  of  vehicles  and  equestrians 
within  one  mile  of  the  approach  and  within  the  limits  of  said 
parks  and  squares,  and  to  impose  the  fines  provided  for  in  the 
preceding  section  for  the  violation  of  any  regulations  it  may 
establish  in  this  connection,  to  be  recovered  as  therein  provided; 
but  the  said  Board  of  Park  Commissioners  shall  have  no  author- 
ity to  pass  any  rule  or  regulation  excluding  private  automobiles 
from  the  free  use  of  the  parks,  squares  and  roadways  under  its 
control,  nor  shall  the  said  Board  of  Park  Commissioners  have 
authority  to  pass  any  rvde  or  regulation  requiring  vehicles, 
equestrians  or  automobiles  to  travel  at  a  slower  rate  of  speed 
tlian  six  miles  per  hour.  The  said  Board  shall  also  have  power 
and  authority  to  admit  into  the  parks,  squares  and  boulevards 
under  its  control,  public  conveyances,  whether  automobiles, 
wagons,  or  any  other  kind  of  vehicles,  upon  such  terms  and 
conditions  as  to  charges  and  otherwise,  as  to  the  said  Board  may 
seem  proper. 

1908,  ch.  106. 

93A.  The  Board  of  Park  Commissioners  is  authorized  and 
empowered  to  establish  athletic  fields  and  plnygrounds  in  the 
public  parks  of  Baltimore  City  for  the  use  of  the  students  of 


108 

the  public  schools  of  said  city,  and  to  designate  the  grades  and 
classes  of  students  who  shall  use  the  different  playgrounds 
which  may  be  so  established,  and  to  prescribe  rules  and  regula- 
tions for  the  use  thereof,  and  for  the  exclusion  under  reason- 
able conditions  of  other  persons  therefrom. 

1862,  ch.  29.     P.  L.  L.,   (1888)  Art.  4,  sec.  708. 

94.  The  several  members  of  the  said  Board  of  Park  Com- 
missioners shall  have  the  power  of  conservators  of  the  peace 
within  the  limits  of  said  parks  and  squares. 

1862,  ch.  29.     P.  L.  L.,   (1888)  Art.  4,  sec.  709. 

95.  The  Board  of  Police  Commissioners  of  Baltimore  City 
is  directed  at  the  request  of  the  Board  of  Park  Commissioners 
to  detail  from  time  to  time  such  of  the  regular  police  force  of 
said  city  as  the  said  Board  of  Park  Commissioners  may  deem 
necessary  for  the  preservation  of  order  within  said  parks  and 
squares,  according  to  the  regulations  aforesaid,  which  policemen 
shall  be  under  the  direction  of  said  Board  of  Park  Commis- 
sioners, and  shall  have  the  same  power  in  said  parks  and  squares 
that  the  Police  of  the  City  of  Baltimore  have  as  conservators  of 
the  peace  in  Baltimore  City  or  elsewhere. 

Upshur  V.  Baltimore  City,  94  Md.  743. 

1876,  ch.  344.    P.  L.  L.,  (1888)  Art.  4,  sec.  712. 

96.  In  addition  to  the  powers  now  or  hereafter  conferred 
upon  the  Board  of  Park  Commissioners,  it  is  authorized  to  form 
zoological  collections  within  the  limits  of  said  parks  or  squares 
by  the  purchase  and  collection  of  live,  wild  or  other  animals, 
for  the  purpose  of  public  exhibition. 

1876,  ch.  344.     P.  L.  L.,   (1888)  Art.  4,  sec.  717. 

97.  The  said  Board  of  Park  Commissioners  shall  have  full 
power  to  employ  and  compensate  all  persons  whom,  in  its  judg- 
ment, it  may  deem  proper,  in  maintaining  and  supporting  such 
parks,  squares,  springs  and  monuments,  or  any  other  building, 
collection,  garden  or  reservation  provided  for  in  this  Article. 
The  distribution  of  the  park  fund  for  the  maintenance  of  the 
different  parks  and  squares  shall  be  made  by  the  Park  Com- 
missioners. 

Addition  made  by  Act  of  1900,  ch.  109,  omitted  in  pursuance  of  M.  & 
C.  C.  V.  Williams,  124  Md.  502. 


109 

1SS6,  cb.  354.     P.  L.  L.,   (1888)  Art.  4,  sec.  719. 

98.  The  night  watchmen  employed  by  the  Board  of  Park 
Commissioners  shall  have,  while  on  duty,  the  same  power  that 
police  in  said  city  have  as  conservators  of  the  peace. 

1908,  ch.  147. 

98a.  That  the  jurisdiction  of  the  Board  of  Park  Conmiis- 
sioners  of  the  City  of  Baltimore  be  and  the  same  is  hereby  ex- 
tended over  the  sidewalks  which -border  on  Harlem  Park,  in 
said  city,  on  all  sides  of  said  park  to  the  curb  lines  of  said  side- 
walks, as  now  established. 

1910,  ch.  142. 

98b.  That  the  jurisdiction  of  the  Board  of  Park  Commis- 
sioners of  the  City  of  Baltimore  be,  and  the  same  is  hereby,  ex- 
tended over  the  sidewalks  which  border  on  Collington  Square, 
or  Park,  in  said  city,  on  all  sides  of  said  square,  or  park,  to 
the  curb  lines  of  said  sidewalks,  as  now  established. 

DEPAKTME:t^T  OF  EDUCATIOT^T. 

1906,  ch.  107. 

99.  There  shall  be  a  Department  of  Education  of  the  Mayor 
and  City  Council  of  Baltimore.  The  head  of  said  department 
shall  consist  of  a  Board  of  School  Commissioners  composed  of 
nine  persons,  who  shall  serve  without  pay,  and  who  shall  be 
appointed  by  the  ]\[ayor  in  the  mode  prescribed  in  section  25  of 
this  Article,  and  removable  as  therein  provided.  One  of  said 
Commissioners  shall  be  President  of  said  Board  and  so  desig- 
nated by  the  Mayor  when  appointed.  Their  term  of  office  shall 
be  six  years,  three  of  them  to  retire  at  the  end  of  every  two 
years.  The  Board  first  appointed  shall  determine  by  lot  their 
term  of  office,  so  as  to  provide  for  the  retirement  in  tlu^  suc- 
ceeding two  and  four  years  of  three  of  their  number.  The 
members  of  said  Board  shall  be  residents  of  the  City  of  Balti- 
more for  at  least  one  year,  citizens  of  the  State  of  Maryland 
for  at  least  five  years  prior  to  their  appointment.  The  members 
of  said  Board  shall  be  chosen  by  the  Mayor  from  among  those 
he  deems  most  capable  of  promoting  the  interest  of  public 
education  by  reason  of  their  intelligence,  character,  education  or 
business  habits.  In  the  selection  of  members  of  said  Board  and 
in  their  action  in  the  administration  of  the  public  schools, 
ecclesiastical  and  party  ties  shall  not  be  regarded,  so  that  tlie 
public  schools  may  be  entirely  out  of  the  field  of  political  and 


110 

religious  differences  and  controversies.  The  said  Board  shall 
confirm  or  reject  all  nominations  of  teachers  made  to  it,  as 
hereinafter  provided  by  the  Superintendent  of  Public  Instruc- 
tion and  his  assistants.  It  shall  not  confirm  the  appointment  of 
any  teacher  whose  name  does  not  appear  upon  the  graded  list, 
hereinafter  provided  for.  All  oificers,  secretaries,  clerks  and 
employees  shall  be  appointed  by  said  Board,  and  may  be  re- 
moved by  it  at  pleasure,  and  any  teacher  may  be  removed  by 
said  Board  on  the  recommendation  of  the  Superintendent  of 
Public  Instruction  after  charges  preferred  and  trial  had.  The 
salary  of  all  officers,  teachers,  secretaries,  clerks  and  employees 
shall  be  fixed  by  said  Board,  not  to  exceed  in  the  aggregate  the 
amount  appropriated  by  ordinance.  Whenever  the  construction 
of  a  new  schoolhouse  or  the  enlargement  and  repairs  of  an  old 
schoolhouse  is  authorized,  the  instructions  of  the  Board  of 
School  Commissioners  shall  be  regarded  by  the  Inspector  of 
Buildings  in  the  preparation  of  his  plans,  and  no  plans  shall  be 
finally  adopted  without  the  concurrence  of  said  Board.  All 
text-books,  stationery  and  furniture  required  for  the  public 
schools  shall  be  purchased  by  the  said  Board;  subject  to  the 
provisions  of  sections  14  and  15  of  this  Article. 

In  reference  to  powers  of  Board  of  School  Commissioners,  see:  School 
Commrs.  of  Balto.  v.  State  Board  of  Education,  26  Md.  512.  Weddle  v. 
Board  School  Commrs.,  94  Md.  334. 

Power,  School  Commissioners — appointment  teachers. 
Semmes,  et  al.  v.  Rowland,  114  Md.  260. 

Members  of  the  School  Board  are  not  liable  for  their  official  acts, 
unless  they  "do  wrong  wilfully,  fraudulently  and  corruptly." 
Roschen  v.  School  Commissioners,  116  Md.  42,  49. 

Trial  must  be  upon  sufficient  charges— it  seems  teacher  on  trial  en- 
titled to  be  represented  by  counsel. 

Riggs  V.  Green,  118  Md.  219. 

100.  The  said  Board  shall  appoint  the  principal,  professors, 
tutors  and  instructors  of  the  City  College,  the  principals,  tutors 
and  instructors  of  the  Polytechnic  Institutes,  and  of  the  High 
Schools.  It  shall  also  appoint  a  Superintendent  of  Public 
Instruction  and  one  or  more  Assistant  Superintendents  of 
Public  Instruction,  one  of  whom  shall  be  the  First  Assistant, 
and  shall  act  as  Superintendent  of  Public  Instruction  if  that 
officer  is  disabled.  The  said  Superintendents  shall  all  be  per- 
sons of  education  and  experience  in  the  management  of  schools, 
and  they  shall  not  be  less  than  twenty-five  years  of  age,  at  the 
time  of  their  appointment,  and  shall  discharge  the  duties  herein 
prescribed  and  such  other  duties  as  the  said  Bcfard  may  direct. 
In  order  to  secure  the  continuance  of  local  interest  in   and 


Ill 

oversight  of  the  public  schools,  there  shall  be  appointed  an- 
nually by  said  Board  such  number  of  unpaid  School  Visitors 
as  may  be  found  requisite.  One  or  more  of  these  visitors  shall 
be  assigned  to  every  school,  and  every  visitor  so  assig-ned  shall 
be  a  resident  or  engaged  in  business  within  half  mile  of  the 
school  to  which  he  or  she  is  assigned,  so  that  the  parents  and 
inhabitants  of  every  neighborhood  may  have  easy  access  to  an 
official  of  the  public  schools.  The  said  visitors  shall  perform 
the  duties  hereinafter  prescribed,  and  such  other  duties  as  the 
said  Board  may  direct.  The  said  Board  may  also  appoint  a 
supervisor  of  the  heating,  plumbing  and  ventilation  of  school 
buildings,  to  be  known  as  Supervisor  of  School  Buildings,  who 
shall,  in  addition  to  the  supervision  of  school  buildings  in  re- 
spect to  their  heating,  plumbing  and  ventilating,  perform  such 

other  duties  as  the  Board  may  direct. 

Baltimore  City  v.  Lyman,  92  Md.  611. 

SUPERINTENDENT   AND   ASSISTANT    SUPERIN- 
TENDENTS  OF   PUBLIC   INSTRUCTION. 

101.  The  duties  of  the  Superintendent  of  Public  Instruc- 
tion and  Assistant  Superintendents  of  Public  Instruction  shall 
include  the  examination  of  teachers  and  their  nomination  to  the 
Board  of  School  Commissioners  for  appointment  or  promotion, 
and  the  supervision  of  schools,  and  the  study  and  suggestion  of 
methods  by  which  the  public  school  system  of  the  City  of  Balti- 
more may  be  maintained  and  improved.  They  shall  hold  regu- 
lar meetings  as  a  Board  of  Superintendents  of  Public  Instruc- 
tion and  keep  a  record  of  the  same,  which  shall  be  submitted  to 
the  Board  of  School  Commissioners.  For  the  work  of  super- 
vision and  examination,  standing  committees  shall  be  desig- 
nated by  the  Superintendent  of  Public  Instruction  annually. 
Of  every  such  committee,  the  Superintendent  of  Public  Instruc- 
tion or  the  First  Assistant  Superintendent  of  Public  Instruc- 
iton,  or  both,  shall  be  members  ex  officio,  and  the  number  of 
additional  members  shall  be  determined  from  time  to  time,  as 
circumstances  may  require.  Every  school  shall  be  visited  at 
frequent  intervals  by  the  Superintendent  of  Public  Instruction 
or  one  of  the  Assistant  Superintendents  of  Public  Instruction, 
and  written  reports  on  its  condition  shall  be  filed  in  the  office 
of  the  Superintendent  of  Public  Instruction,  with  such  recom- 
mendations as  circumstances  may  call  for.  It  shall  be  the  duty 
of  the  Superintendent  of  Public  Instruction  and  his  Assistants, 
to  devote  their  services  exclusively  to  the  public  schools  under 
such  regulations  as  the  Board  of  School  Commissioners  nia_\ 


112 

prescribe.  It  shall  be  the  duty  of  the  said  Superintendent  of 
Public  Instruction,  with  the  aid  of  the  Supervisor  of  School 
Buildings,  to  ascertain  the  sanitary  condition  of  every  school, 
and  to  report  to  the  proper  authorities  what  repairs  or  improve- 
ments are  necessary.  It  shall  be  the  duty  of  the  Superin- 
tendent of  Public  Instruction  and  his  Assistants,  as  examiners, 
to  ascertain,  by  appropriate  committees,  appointed  as  herein- 
before provided,  the  training,  knowledge,  aptness  for  teaching, 
and  character  of  every  future  candidate  for  the  place  of  a 
teacher,  and  to  report  to  the  Board  of  School  Commissioners 
graded  lists  of  those  whom  they  deem  qualified  for  appointment, 
from  which  graded  lists  all  nominations  of  teachers  shall  be 
made  by  the  Superintendent  of  Public  Instruction  and  his 
Assistants  to  the  Board  of  School  Commissioners.  All  such 
nominations  of  teachers  shall  be  made  in  the  order  in  which  the 
names  of  the  nominees  appear  upon  such  graded  lists.  In  the 
preparation  of  these  graded  lists,  the  Superintendent  of  Public 
Instruction  and  his  Assistants  shall  ascertain  by  competitive 
examinations  the  relative  qualifications  of  those  candidates  who 
desire  appointment,  and  shall  place  the  names  of  the  accepted 
candidates  upon  said  graded  Jists  in  the  order  of  their  relative 
qualifications,  so  ascertained  by  such  competitive  examination. 
It  shall  be  their  duty  to  advise  the  Board  of  School  Commis- 
sioners whenever  called  upon,  or  whenever  they  think  it  impor- 
tant, in  respect  to  the  course  of  studies,  text-books  or  methods 
of  instruction.  Wlienever  the  Superintendent  of  Public  Instruc- 
tion and  his  Assistants  are  in  doubt  what  course  to  pursue,  tbey 
shall  ask  instructions  from  the  Board  of  School  Commissioners, 
to  whom  they  may  present  a  majority  and  minority  report,  and 
the  decision  of  the  Board  of  School  Commissioners  shall  be 
final.  The  Superintendent  of  Public  Instruction  and  his 
Assistants  shall  perform  such  other  duties  as  may  be  prescribed 
by  order  of  the  Board  of  School  Commissioners  not  inconsistent 
with  this  Article. 

Baltimore  City  v.  Lyman,  92  Md.  591. 

102,  It  shall  be  the  duty  of  the  School  Visitors,  hereinbefore 
provided  for,  to  visit  the  schools  to  which  they  are  assigned,  and 
to  report  upon  their  condition  at  least  once  in  every  quarter, 
and  oftener  if  they  think  it  desirable.  In  case  of  an  emergency 
requiring  attention,  they  shall  immediately  notify  the  Superin- 
tendent of  Public  Instruction.  The  said  School  Visitors  may 
be  called  together  by  the  Board  of  School  Commissioners  or  the 
Superintendent  of  Public  Instruction  whenever  the  interests  of 
the  schools  require  it,  or  whenever  it  is  thought  important  for 


113 

the  office  of  a  visitor  to  be  defined,  the  organization  of  the  school 
system  to  be  considered  and  the  characteristics  of  a  good  school 
to  be  clearly,  stated  to  them.  They  shall  perform  such  other 
duties  as  the  Board  of  School  Commissioners  may  prescribe, 
not  inconsistent  with  this  Article. 

190S,  ch.  TS. 

102A.  There  shall  be  a  board  to  be  known  as  the  board  of 
trustees  of  the  Teachers'  Retirement  Fund  of  Baltimore  City, 
to  be  composed  of  seven  persons,  who  shall  serve  without  com- 
pensation for  their  duties  as  members  of  said  board.  The  said 
board  of  trustees  shall  be  composed  of  the  City  Comptroller,  the 
Superintendent  of  Public  Instruction,  two  members  of  the 
Board  of  School  Commissioners,  to  be  elected  by  said  Board  of 
School  Commissioners  annually  in  the  month  of  November,  be- 
ginning in  the  year  1909,  and  the  members  so  elected  shall  be- 
come members  of  said  board  of  trustees  on  the  fifteenth  day  of 
January  next  following  the  date  of  their  election,  provided  that 
as  soon  as  practicable  after  the  passage  of  this  Act,  the  Board 
of  School  Commissioners  shall  elect  two  of  its  members  to  serve 
as  members  of  the  said  board  of  trustees  until  the  members 
elected  in  November,  1909,  shall  become  members  of  said  board 
of  trustees ;  aud  three  members  of  the  teaching  force  of  Balti- 
more city,  who  shall  be  elected  in  the  following  manner:  On 
the  third  IMonday  of  November  in  each  year,  beginning  in  the 
year  1909,  the  members  of  the  teaching  force  of  Baltimore  City 
shall  deposit  with  the  said  Board  of  Trustees  a  sealed  ballot 
containing  the  names  of  three  teachers  representing  his  or  lier 
choice  for  membership  of  the  said  board  of  trustees.  The 
Board  of  Trustees  shall  examine  said  ballots  and  ffive  to  each 
teacher  receiving  a  vote  credit  therefor,  and  the  three  teachers 
receiving  the  highest  number  of  votes  under  the  said  ballots 
shall  become  members  of  the  said  Board  of  Trustees  on  the 
fifteenth  day  of  January  next  following  the  date  of  their  elec- 
tion. The  Board  of  Trustees  shall  publicly  announce  the  result 
of  said  election  not  later  than  the  fifteenth  day  of  December 
next  following  the  date  said  ballots  were  deposited ;  provided, 
however,  that  on  the  third  Monday  of  May,  1908,  three  mem- 
bers of  the  teachiug  force  of  Baltimore  City  shall  be  elected  in 
the  manner  provided,  except  the  said  ballots  shnll  bo  deposited 
with  the  Board  of  School  Commissioners,  which  Board  shall 
examine  such  ballots  and  give  to  each  voter  receiving  a  vote 
credit  Iherefor,  and  the  three  teachers  receiving  the  highest 
number  of  votes  under  said  ballots  shall  be  members  of  said 
Board  of  Triistcos  until  tlic  nicinbers  elected  in  the  year  1909 


114 

shall  become  members  of  said  Board  of  Trustees.  The  Board 
of  School  Commissioners  shall  publicly  announce  the  result  of 
said  election  not  later  than  June  15,  1908.  As  soon  as  practi- 
cable after  the  passage  of  this  Act  the  City  Comptroller  shall 
call  a  meeting  of  said  Board  of  Trustees. 

1908,  ch.  78. 

102B.  The  members  of  the  said  Board  of  Trustees  shall 
hold  office  until  their  successors  are  elected  and  become  mem- 
bers as  provided  by  the  preceding  section.  In  case  of  a  vacancy 
in  said  Board  of  Trustees  by  reason  of  death,  resignation,  or 
through  any  other  cause,  of  a  member  of  the  teaching  force,  the 
Board  of  Trustees  shall  elect  a  member  of  said  teaching  force 
as  a  member  of  said  Board  of  Trustees  for  the  unexpired  term 
of  the  person  who  has  caused  to  be  such ;  in  case  of  a  vacancy 
on  said  Board  of  Trustees  by  reason  of  death,  resignation  or 
through  any  other  cause,  of  a  member  of  the  Board  of  School 
Commissioners,  the  said  Board  of  School  Commissioners  shall 
forthwith  elect  one  of  its  members  as  a  member  of  said  Board 
of  Trustees  for  the  unexpired  term  of  the  person  who  has 
ceased  to  be  such. 

1908,  ch.  78. 

102C.  A  majority  of  said  Board  of  Trustees  shall  consti- 
tute a  quorum  for  the  transaction  of  all  business,  and  the  said 
Board  shall  have  full  power  to  make  and  enforce  all  by-laws, 
rules  and  orders  that  it  may  deem  necessary  or  appropriate  to 
carry  out  the  purposes  of  this  Act,  and  said  Board  of  Trustees 
may  take  by  gift,  grant,  devise  or  bequest,  any  money,  personal 
property,  real  estate  or  any  interest  therein,  and  any  such  gift, 
grant,  devise  or  bequest  may  be  absolute,  or  upon  the  condition 
that  only  the  rents,  profits  and  income  arising  from  the  same 
shall  be  applied  to  the  uses  and  purposes  of  the  Teachers'  Re- 
tirement Fund,  hereinafter  mentioned,  and  said  Board  shall  be 
authorized  to  take  such  gift,  devise  or  bequest  under  and  by  the 
style  of  the  Board  of  Trustees  of  the  Teachers'  Ketirement 
Fund  of  Baltimore  City,  and  to  hold  the  same,  or  assign,  trans- 
fer or  sell  the  same,  whenever  proper  and  necessary,  under  and 
by  such  name. 

• 

1908,  ch.  78. 

102D,  Said  Board  of  Trustees  shall  elect  from  its  members 
a  president,  and  shall  appoint  a  secretary  and  a  treasurer,  both 
of  which  offices  may  be  held  by  the  same  person,  and  the  said 


115 

Board  of  Trustees  shall  have  power  to  appoint  such  other  em- 
■Dlovees  as  it  mav  from  time  to  time  deem  necessary  to  carry  out 
the  purposes  of  this  Act,  and  the  said  board  shall  pay  to  the 
secretary,   treasurer   and   employees   such   salaries  as  may  be 
fixed  by  the  board ;  provided,  that  the  salaries  paid  to  the  secre- 
tary, treasurer  and  such  other  employees,  and  the  number  of 
such  other  employees  shall  be  subjected  to  the  approval  of  the 
Board  of  Estimates.     It  shall  be  the  duty  of  the  secretary  to 
keep  a  true  and  accurate  account  of  the  proceedings  of  said 
Board  of  Trustees  when  acting  upon  matters  relating  to  said 
Teachers'  Retirement  Fund,  and  he  shall  perform  such  other 
duties  as  the  Board  of  Trustees  shall  direct.    The  secretary  of 
the  Board  of  School  Commissioners  of  said  city  shall  act  as 
assistant  secretary  of  the  Board  of  Trustees  with  such  additional 
compensation  therefor  as  may  be  fixed  and  paid  by  the  Board  of 
Trustees,  with  the  approval  of  the  Board  of  Estimates,  and  it 
shall  be  his  duty  to  keep  a  true  and  correct  statement  of  the 
account  of  each  member  with  the  Teachers'  Retirement  Fund, 
and  to  render  to  the  Board  of  Trustees  a  monthly  account  of  his 
doings.     The  treasurer  of  said  Board  of  Tmstees  shall  receive, 
hold  and  keep  account  of  all  moneys  belonging  to  the  Teachers' 
Retirement  Fund ;  he  shall  have  the  custody  of  all  notes,  bonds 
and  other  securities  belonging  to   said   Teachers'   Retirement 
Fund,  and  shall  collect  the  principal  and  interest  of  the  same, 
but  before  assuming  to  act  as  such  treasurer,  he  shall  furnish 
bond  in  such  penalty  and  with  such  surety  or  sureties  as  the 
Board  of  Trustees  may  require,  conditioned  for  the  faithful  per- 
formance of  the  duties  imnosed  upon  him  by  this  Act,  or  that 
may  be  assigned  to  him  by  the  Board  of  Trustees,  and  for  the 
faithful  accounting  of  all  moneys  and  securities,  including  both 
principal   and   interest,  which  may  come  into  his  hands  and 
which  belong  to  the  Teachers'  Retirement  Fund.     Said  treas- 
urer, upon  the  expiration  of  his  term  of  office,  shall  account  to 
said  board  for  all  moneys,  notes,  bonds  and  other  securities 
coming  into  his  hands,   and  for  the  interest,  income,  profits, 
rentals  and  proceeds  of  and  from  the  same,  and  he  shall  turn 
over  to  his  successor  all  moneys,  notes,  bonds,  and  other  securi- 
ties belonging  to  said  fund.     The  secretary,  assistant  secretary 
and  treasurer  shall  make  a  full,  true  and  accurate  account  of 
their  offices  whenever  required  so  to  do  by  the  Board  of  Trustees. 

1908,  cli.  7S. 

1021'^.     Every  teacher  who  is  such  at  the  time  of  the  pas- 
sage of  this  Act,  shall,  as  soon  as  practicable  thereafter,  notify 


116 

the  said  Board  of  Trustees,  in  wi-iting,  whether  he  or  she  desires 
to  accept  the  advantages  of  this  Act,  or  any  amendments  thereto, 
and  every  such  acceptance,  when  given,  shall  be  irrevocable,  and 
no  such  teacher  who  does  not  so  accept  shall  be  eligible  for 
election  to  said  Board  of  Trustees  nor  shall  he  or  she  have  the 
right  to  vote  for  members  thereof,  and  every  such  teacher  who 
shall  fail  so  to  accept  before  January  1,  1909,  shall  not  be 
entitled  to  any  benefits  or  advantages  under  this  Act,  until  he 
or  she  shall  have  first  paid  into  the  Teachers'  Retirement  Fund 
an  amount  equal  to  the  assessments  he  or  she  would  have  paid 
into  said  fund  had  such  acceptance  been  given  on  December  31, 
3  908,  together  with  twenty  per  centum  of  such  amount. 

1908.  ch.  78. 

102F.  Hereafter  the  Board  of  School  Commissioners  shall 
require  all  applicants  for  appointment  as  teachers  to  agree,  as 
a  condition  of  appointment,  to  accept  and  abide  by  the  pro- 
visions of  this  Act  or  any  amendments  thereto,  and  to  pay  the 
assessments  provided  for  herein  or  that  may  be  provided  for 
hereafter. 

1908,  ch.  78. 

102G.  All  money,  property  of  any  kind  or  securities  that 
may  come  into  the  hands  of  the  said  Board  of  Trustees  under 
the  provisions  of  this  Act,  or  any  amendments  thereto,  shall  be 
known  as  the  Teachers'  Retirement  Fund,  and  the  said  Board 
of  Trustees  is  hereby  clothed  with  full  and  complete  power  and 
exclusive  control  over  said  fund,  and  is  hereby  empowered  to 
have,  demand,  receive,  hold,  invest  and  re-invest  the  same  for 
the  promotion  of  the  purposes  of  said  fund,  which  shall  consist 
of  the  following:  First,  assessments  upon  the  salary  of  every 
teacher  who  shall  notify  the  Board  of  Trustees  of  his  or  her 
acceptance  of  the  provisions  of  this  Act  and  amendments 
thereto,  under  section  102E,  and  assessments  upon  the  salary 
of  each  and  every  teacher  who  may  be  appointed  after  the  date 
of  the  passage  of  this  Act,  as  follows:  one  per  centum  per 
annum  (but  not  more  than  $14.40)  upon  the  salary  of  every 
teacher  who  shall  not  have  been  engaged  in  excess  of  ten  years 
in  the  public  schools  of  Baltimore  City;  one  and  one-half  per 
centum  per  annum  (but  not  more  than  $21.60)  upon  the 
salary  of  every  teacher  who  shall  have  been  engaged  in  excess  of 
ten  years  but  not  more  than  twenty  years  in  said  public  schools ; 
and  two  per  centum  per  annum  (but  not  more  than  $28.80) 
upon  the  salary  of  every  teacher  who  shall  have  been  engaged 


117 

longer  than  twenty  years  in  said  public  schools,  and  the  secre- 
tary   of   the   Board    of    School    Commissioners    shall    prepare 
monthly  a  roll  of  assessments  and  place  opposite  the  name  of 
each  and  every  teacher  liable  thereto  one-twelfth  of  the  amount 
of  the  annual  assessment  payable  by  him  or  her,   and  shall 
furnish  forthwith  a  copy  of  such  roll  to  the  City  Register,  and 
the   said   City   Register   shall   deduct    and   retain   out   of   the 
monthly  salary  due  to  such  teacher  the  amount  of  such  monthly 
assessment,  and  the  sum  of  such  monthly  assessments  shall  be 
immediately  paid  by  the  City  Register  to  the  said  Board  of 
Trustees.    Second :  Sums  received  from  the  Mayor  and  Council 
as  follows:    In  case  the  Board  of  Trustees  shall  deem  it  ex- 
pedient to  have  an  additional  sum  to  defray  its  expenses,  to  pay 
the  salaries  provided  for  herein  or  to  add  to  the   Teachers' 
Retirement  Fund,  the  said  Board  of  Trustees  shall  each  year,  in 
due  time,  prepare  a  full  and  detailed  statement  of  the  assets 
of  said  Teachers'  Retirement  Fund,   and  the  additional  sum 
which  is  required  to  defray  said  expenses,  to  pay  said  salaries 
or  to  add  to  the  Teachers'  Retirement  Fund,  and  send  the  same 
to  the  Board  of  Estimates,  as  other  estimates  are  sent  to  it  in 
connection  with  the  annual   ordinance  of  estimates,   and  the 
Board  of  Estimates  is  hereby  empowered,  in  its  discretion,  to 
insert  such  an  appropriation  in  said  ordinance  for  said  pur- 
poses as  it  may  deem  proper,  and  when  said  appropriation  has 
been  received  the  same  shall  be  paid  over  to  the  Board  of 
Trustees,  and  the  unexpended  balance  remaining  at  the  end  of 
each    fiscal   year   shall   be  added   to   the   permanent   fund   in 
accordance  with  section  102M  of  this  Act.     Third :  All  money, 
property  of  any  kind  or  securities  that  may  come  into  the  hands 
of  said  Board  of  Trustees  for  the  purposes  of  said  Teachers' 
Retirement  Fund  by  gift,  grant,  devise,  bequest  or  otherwise. 

1908,  ch.  78. 

102H.  Tbe  Board  of  School  Commissioners  may  retire  from 
rcgulai"  duty,  upon  its  motion,  and  shall  retire  from  regular 
duty,  upon  his  or  her  own  motion,  in  either  case  the  approval 
of  the  Board  of  Trustees  to  be  first  obtained,  any  teacher  who 
has  been  such  for  a  period  of  forty  years  at  the  time  suc)i  appli- 
cation is  made,  and  the  teacher  so  retired,  provided  he  or  she 
shall  be  entitled  to  the  advantages  of  this  Act  under  section 
102E  or  102F  hereof,  shall  receive  for  life  the  salary  provided 
for  by  section  102O.  Every  teacher  who  is  such  at  the  time  of 
the  passage  of  this  Act,  for  the  purposes  of  retirement  uud'M- 
this   section   or   the   next   succeeding   section,    after  service   of 


118 

twenty  years  as  a  member  of  the  teaching  force  of  Baltimore 
City,  shall  be  entitled  to  full  credit  for  his  or  her  years  of 
service  as  a  public  school  teacher  elesewhere. 

190S,  ch.  78. 

1021.  The  Board  of  School  Commissioners  shall  retire  from 
regular  duty,  upon  his  or  her  own  application,  any  teacher  wiio 
has  been  such  for  a  period  of  twenty  years  at  the  time  such 
application  is  made,  and  who  is  disabled  or  incapacitated  from 
performing  regular  duty,  provided  the  Board  of  Trustees  shall 
find  such  teacher  so  disabled  or  incapacitated  after  an  exami- 
nation made  by  a  physician  appointed  by  said  Board  of 
Trustees,  the  examination  fee  or  charge  to  be  paid  by  the 
teacher  examined,  and  the  teacher  so  retired,  provided  he  or 
she  shall  be  entitled  to  the  advantages  of  this  Act  under  sections 
102E  and  102F  hereof,  shall  receive  for  life  a  salary  of  as 
many  fortieths  of  that  provided  for  by  section  102O,  as  he  or 
she  may  have  served  years  at  the  time  of  such  retiremont,  and 
if  the  Board  of  School  Commissioners  shall  deem  any  teacher 
who  has  been  such  for  a  period  of  twenty  years  at  the  time  the 
notices  herein  provided  for  are  given,  to  be  disabled  or  inca- 
pacitated from  performing  regular  duty,  the  said  Board  of 
School  Commissioners  shall  serve  written  notice  to  that  effect 
upon  the  said  teacher,  and  the  president  or  secretary  of  the 
Board  of  Trustees,  and  proceedings  shall  then  be  had,  after  the 
notice  provided  for  in  section  102K,  in  accordance  with  the 
provisions  of  said  section.  If  the  Board  of  Trustees  after  such 
proceedings  are  had,  shall  find  the  said  teacher  to  be  in;'apaci- 
tated  from  performing  regular  duty,  the  Board  of  School  Com- 
missioners may  retire  such  teacher  from  regular  duty,  and  such 
teacher,  if  so  retired,  shall  be  entitled  to  a  salary  in  th'^  ■^nme 
manner  and  amount  as  if  he  or  she  had  been  retired  upon  his 
or  her  own  application  under  this  section. 

1908,  ch.  78. 

102J.  Unless  teachers  who  may  be  retired  under  the  two 
preceding  sections,  shall  have  paid  into  said  Teachers'  Retire- 
ment Fund,  by  way  of  assessment  or  otherwise,  an  amount 
equal  at  least  to  that  which  he  or  she  shall  be  entitled  to  vecr-ive 
as  a  salary  for  the  first  year  of  retirement,  the  said  Board  of 
Trustees  shall  deduct  one-fifth  of  the  deficiency  thereof  from  the 
amount  of  said  salary  for  each  of  the  first  five  years  that  the 
same  may  be  payable. 


119 


1908,  ch.  78. 


102K.     After   any   teacher   shall   have   been   retired    under 
section  1021,  the  Board  of  Trustees  shall  have  the  right  at  any 
time  to  cause  such  teacher  again  to  be  brought  before  it  and 
examined  by  its  physician,  and  also  to  examine  other  witnesses 
for  the  purpose  of  ascertaining  whether  such  teacher  shall  re- 
main on  the  retired  roll.     The  fee  or  charge  of  the  examining 
physician  shall  be  paid  by  the  Board  of  Trustees.   Such  teacher 
shall  be  entitled  to  at  least  thirty  days'  notice,  and  to  be  present 
at  the  hearing  of  any  such  evidence,  shall  be  permitted  to  pro- 
pound any  question  pertinent  or  relative  to  such  matter,  and 
shall  have  the  right  to  introduce  evidence  upon  his  or  her  own 
behalf.     Such  teacher  and  all  witnesses  shall  be  examined  under 
oath,  and  any  member  of  said  Board  of  Trustees  is  hereby 
authorized  and  empowered  to  administer  such  oath.      If  the 
Board  of  Trustees  shall  find  such  teacher  qualified  for  regiilar 
duty,  he  or  she  shall  report  to  the  Superintendent  of  Public 
Instruction  of  said  city  whenever  required  so  to  do  by  the  Board 
of  Trustees,  and  said  Superintendent  shall  assign  such  teacher 
to  such  service  or  employment  as  may  be  within  his  or  her 
power  to  perform,  in  the  judgment  of  such  Superintendent  and 
of  the  examining  physician  employed  by  said  Board  of  Trustees. 
During  the  time  of  such  employment  such  teacher  shall  receive 
the  regular  salary  therefor,  and  shall  cease  to  be  entitled  to 
any  pa^Tnent  out  of  said  fund  because  of  the  disability  or  inca- 
pacity,  on  account  of  which  such  teacher  was  originally  retired. 
Any  teacher  who  may  be  retired  under  section  1021  and  re- 
assigned for  active  duty  under  this  section,  for  the  purposes  of 
later  retirement  under  this  Act,  shall  be  considered  as  having 
been  in  active  service  during  the  period  of  the  former  retire- 
ment. 

1908,  ch.  78. 

102 L  Every  teacher  retired  under  the  provisions  of  this 
Act  shall  continue  as  an  employee  of  the  Mayor  and  City 
Council,  but  shall  be  compensated  from  the  Teachers'  Retire- 
ment Fund,  as  provided  for  in  this  Act,  and  it  shall  be  the  duty 
of  any  teacher  so  retired  to  render,  without  extra  compensation, 
such  teaching  services  and  at  such  times  as  the  Board  of  School 
Commissioners  shall  direct,  provided  the  Board  of  School  Com- 
missioners shall  not  direct  any  such  retired  teacher  to  perform 
any  teaching  sei-vices  except  such  as  the  Board  of  Trustees  may 
certify  to  the  Ijoard  of  School  Commissioners  to  l)e  within  the 
reasonable  physical  power  of  such  retired  teacher,  and  provided 


120 

further,  that  no  such  retired  teacher  shall  be  required  to  render 
teaching  service  for  a  longer  period  than  15  days  in  any  school 
year. 

1908,  ch.  78. 

102M.  The  Board  of  Trustees  shall  establish  a  permanent 
fund  to  the  credit  of  which  shall  be  put  and  deposited  all  gifts, 
grants,  devises  and  bequests,  all  other  receipts  for  the  first  two 
years  during  which  this  Act  shall  have  become  operative,  except 
so  much  of  such  receipts  as  the  Board  of  Trustees  may  require 
during  said  two  years  to  defray  its  expenses,  and  the  unex- 
pended balance  remaining  at  the  end  of  each  fiscal  year  there- 
after. And  no  part  thereof  shall  be  expended  except  the  inter- 
est and  income  thereof  and  therefrom ;  provided,  however,  that 
one-half  of  the  amount  added  to  such  permanent  fund  during 
any  year  may  be  used,  if  necessary,  during  the  year  imme- 
diately following. 

1908,  ch.  78. 

102]Sr.  This  Act  shall  not  affect  in  anv  wav  the  power  of 
the  Board  of  School  Commissioners  to  remove  teachers  from 
service  under  the  laws  now  in  force. 

1908,  ch.  78. 

102O.  Upon  the  retirement  of  any  teacher  under  section 
102H,  the  person  so  retired  shall  be  entitled  to  receive  a  salary 
for  life  out  of  the  Teachers'  Retirement  Fund  equal  to  one-half 
of  his  or  her  average  annual  salary  for  the  five  years  imme- 
diately preceding  retirement,  but  no  salary  of  any  teacher  .shall 
be  less  than  $360,  nor  greater  than  $600  per  annum,  and  the 
Board  of  Trustees,  subject  to  such  reasonable  rules  or  regula- 
tions as  the  board  may  adopt,  shall  pay  the  salaries  to  the 
persons  entitled  thereto  under  this  section  and  sections  102H 
and  1021. 

1908,  ch.  78. 

102P.  Any  teacher  who  shall  cease  to  be  such  before  receiv- 
ing any  benefits  from  said  Teachers'  Retirement  Fund  shall  be 
entitled  to  the  return  o:^  one-half  of  the  amount  without  interest, 
which  shall  have  been  paid  into  said  Teachers'  Retirement 
Fund  by  such  teacher;  provided,  however,  should  such  teacliei 
thereafter  again  teach  in  the  public  schools  of  said  city,  such 
teacher  shall  repay  to  said  Teachers'  Retirement  Fund  the 
amount  so  returned  to  such  teachers,  wathin  one  year  from  the 


121 

date  of  his  or  her  return  to  service  in  the  schools,  and  upon  such 
repayment  being  made  he  or  she  shall  be  entitled  to  credit  the 
length  of  time  of  the  former  service.  And  should  any  teacher 
die  before  receiving  any  of  the  benefits  by  this  Act  provided,  the 
Board  of  Trustees  shall  pay  to  such  teacher's  estate  one-half  the 
amount,  without  interest,  which  shall  have  been  paid  into  said 
Teachers'  Retirement  Fund  by  said  teacher. 

1908,  ch.  78. 

102Q.  No  salary  of  any  kind  whatsoever  provided  for  in 
this  Act  shall  be  payable  or  paid  during  the  first  two  years 
during  which  said  Act  shall  become  operative;  provided  fur- 
ther, should  any  contributors  to  said  Teachers'  Retirement 
Fund  make  application  for  retirement  under  the  provisions  of 
this  Act  during  said  two  years,  his  or  her  name  shall  be  placed 
upon  a  waiting  list,  and  he  or  she  shall  be  retired  in  the  order 
of  his  or  her  application  when  said  two  years  shall  have  expired, 
but  no  teacher  shall  be  retired  by  the  Board  of  School  Commis- 
sioners under  this  Act  until  after  the  expiration  of  said  two 
years. 

1908,  ch.  78. 

102R.  The  said  Teachers'  Retirement  Fund  and  all  salaries 
granted  and  payable  out  of  the  same  shall  be  and  are  exempt 
from  seizure  or  levy  under  attachment,  execution,  supplemental 
process  and  all  other  process ;  and  such  salaries  or  any  payment 
of  the  same  shall  not  be  subject  to  sale,  assignment  or  transfer 
by  any  beneficiary,  and  any  such  sale,  assignment  or  transfer 
of  the  same  shall  be  absolutely  void. 

1908,  ch.  78. 

102S.  The  terms  "teachers"  and  "members  of  the  teaching 
force  of  Baltimore  City,"  as  used  in  this  Act,  shall  mean  and 
include  any  superintendent,  principal,  vice-principal,  assistant 
superintendent,  supervisor,  assistant  supervisor,  person  in 
charge  of  any  special  department  of  instruction  and  any  teacher 
or  instructor  regularly  employed  as  such  by  the  Board  of 
School  Commissioners  of  said  city. 

DEPARTMENT  OF  CHARITIES  AND  CORRECTIONS. 

103.  There  shall  be  a  Department  of  Charities  and  Correc- 
tions of  the  Mayor  and  City  Council  of  Baltimore,  which  shall 
consist  of  the  Supervisors  of  City  Charities  and  the  Visitors  to 
the  City  Jail.     The  head  of  the  Department  of  Charities  aiid 


122 

Corrections  shall  be  a  Board  of  Charities  and  Corrections 
composed  of  the  President  and  one  other  of  the  Supervisors  of 
City  Charities,  the  President  and  one  other  of  the  Visitors  to 
the  City  Jail,  and  the  Mayor  ex  officio.  The  Supervisors  of 
City  Charities  and  the  Visitors  to  the  City  Jail  shall  each  desig- 
nate their  representative  member.  The  President  of  the  Super- 
visors of  City  Charities  shall  be  President  of  the  Board  of 
Charities  and  Corrections.  This  Board  shall  be  for  consulta- 
tion and  advice,  but  it  shall  have  no  power  to  direct  or  control 
the  duties  or  work  of  any  sub-department  under  this  depart- 
ment. It  shall  perform  such  other  duties  as  may  be  required 
of  it  by  ordinances  not  inconsistent  with  this  Article. 

SUPEKVISORS  OF  CITY  CHARITIES. 

104.  The  Supervisors  of  City  Charities  shall  be  the  first  sub- 
department  of  Charities  and  Corrections,  and  the  head  of  this 
sub-department  shall  be  a  board  composed  of  nine  persons, 
appointed  by  the  Mayor  as  provided  in  section  25  of  this 
Article,  who  shall  be  removable  as  therein  provided.  Their 
term  of  office  shall  be  for  six  years,  three  of  them  to  retire  at 
the  end  of  every  two  years;  except  that  the  Supervisors  first 
appointed  shall  determine  by  lot  their  terms  of  office,  so  as  to 
provide  for  the  termination  of  the  term  of  three  Supervisors 
each  at  the  end  of  the  first  two  and  four  years.  The  said 
Supervisors  shall  have  been  citizens  of  Maryland  for  at  least 
five  years,  and  residents  of  the  City  of  Baltimore  for  at  least  one 
year  prior  to  their  nomination.  The  Mayor,  in  the  appoint- 
ment of  said  Supervisors,  shall  designate  one  of  their  number  as 
President,  and  the  Supervisors  shall  elect  a  Secretary,  who  shall 
be  paid  a  salary  of  one  thousand  five  hundred  dollars  per 
annum,  payable  monthly,  and  shall  discharge  such  duties  as  the 
Supervisors  shall  prescribe.  The  said  Supervisors  shall  serve 
without  pay.  They  shall  be  appointed  by  the  Mayor  from 
among  those  whom  he  deems,  by  reason  of  their  intelligence, 
experience  and  character,  to  be  most  capable  of  caring  for  the 
poor,  economically,  intelligently  and  humanely.  In  the  selec- 
tion of  said  Supervisors  and  in  their  action,  in  matters  relating 
to  the  duties  imposed  upon  them  by  law  or  ordinance,  ecclesi- 
astical or  party  ties  shall  not  be  regarded,  so  that  the  care  of  the 
poor  may  be  entirely  out  of  the  field  of  political  or  religious 
differences  and  controversies.  The  duty  of  said  Supervisors 
shall  be  to  determine  what  sick,  insane  or  other  destitute  persons 
are  proper  charges  on  the  city,  and  to  provide  for  the  proper 
care  of  such  persons,  in  so  far  as  money  may  be  appropriated 


123 

for  that  purpose  bj  the  city.  The  Supervisors  shall  have  the 
power  to  appoint  and  fix  the  compensation  of  such  officials  and 
subordinate  employees  as  they  may  deem  necessary  for  the 
proper  conduct  of  the  business  entrusted  to  them,  not  to  exceed 
in  number  of  employees  or  aggregate  amount  in  compensation 
the  limit  fixed  by  ordinance.  The  Supervisors  shall  report 
annually  to  the  city  upon  all  departments  of  their  work,  includ- 
ing the  work  of  those  institutions  with  which  the  city  has  con- 
tracted for  the  care  of  any  poor  persons,  and  they  shall  perform 
all  the  duties  heretofore  performed  by  the  Trustees  of  the  Poor 
unless  otherwise  provided  in  this  Article. 

1914,  ch.  343. 

104A.  The  Supervisors  of  City  Charities  shall  also  have 
super\'ision  over  those  persons  committed  to  the  criminal,  penal 
and  reformatory  institutions  with  which  the  Mayor  and  City 
Council  of  Baltimore  have  contracts,  and  shall  perform  such 
other  duties  as  may  be  prescribed  by  ordinance,  not  inconsistent 
with  this  Article. 

105.  All  appropriations  by  the  Mayor  and  City  Council  of 
Baltimore  for  the  treatment,  care  or  support  of  the  indigent 
poor  in  institutions  not  owned  by  the  city,  or  for  dispensary 
treatment  shall  be  by  contract,  in  which  the  city  shall  agree  to 
pay  so  much  per  capita  for  persons  placed,  treated  or  prescribed 
for  in  such  institutions  or  dispensaries  so  contracting  with  the 
city,  and  in  no  case  shall  a  gross  sum  be  paid  to  any  such  insti- 
tution or  dispensary.  Every  such  contract  shall  contain  a  stipu- 
lation that  the  city  shall  incur  no  obligation  therefrom  for  any 
amount  not  provided  for  or  in  excess  of  the  appropriation  made 
for  the  fiscal  year  in  carrying  out  such  contract.  No  public 
moneys  shall  be  paid  to  any  institution  or  dispensary  for  the 
treatment,  care  or  support  of  any  person  until  the  said  Super- 
visors have  determined  and  certified  in  writing  that  such  person 
is  a  proper  subject  of  municipal  aid. 

In  connection  with  appropriations  by  the  Mayor  and  City  Council 
of  Baltimore  for  treatment,  care  or  support  of  indigent  poor,  in  institu- 
tions not  owned  by  the  city,  see, 

St.  Mary's  Indus.  School  v.  Brown,  45  Md.  334. 

106.  ISTo  appropriation  shall  be  made  or  money  expended  for 
the  maintenance,  outside  of  the  Almshouse  or  other  city  home, 
of  any  adult  poor  person  or  persons,  except  the  sick,  insane  or 
other  special  classes  requiring  special  treatment,  or  homeless 
perisons  requiring  temporary  care  only;  provided,  the  city  has 
adequate  accommodations  at  the  Almshouse  or  other  city  home. 


124 

All  poor  persons  who,  in  the  judgment  of  said  Supervisors, 
require  special  care  or  treatment  outside  of  a  city  institution, 
maj  be  placed  by  said  Supervisors  in  any  institution  or  institu- 
tions with  w^hich  the  city  has  contracted  for  such  care  or  treat- 
ment, which  they,  in  the  exercise  of  their  judgment,  after  care- 
ful inspection  and  inquiry,  shall  deem  best  fitted  to  give  the 
necessary  care  and  treatment. 

In  connection  with  section  106,  see  provisions  of  Act.  1906,  chapter 
32  which  re-enacts  Article  4  of  the  Public  General  Laws  of  Maryland. 

107.  The  Mayor  and  City  Council  of  Baltimore,  through 
the  said  Supervisors,  shall  have  care  and  supervision  over  such 
children  as  shall  be  committed  to  or  placed  in  those  institutions 
with  which  the  city  may  have  contracted  and  as  shall  have  been 
duly  accepted  by  said  Supervisors  as  proper  charges  on  the  city. 
Said  Supervisors  shall  have  power  to  remove  any  child  from 
any  such  institution  to  which  he  or  she  has  been  committed  or 
placed,  and  to  place  said  child  in  any  other  such  institution, 
when  it  is  apparent  to  the  Supervisors  that  from  improper 
treatment  or  for  other  good  cause,  the  welfare  of  the  child 
requires  such  removal.  No  such  child  shall  be  discharged  from 
the  institution  to  which  he  or  she  shall  have  been  committed  or 
placed  (unless  by  direction  of  a  court  of  competent  jurisdic- 
tion), or  be  transferred  to  any  other  institutioji,  or  to  the  care 
of  any  individual,  without  the  approval  and  consent  of  the  said 
Supervisors.  It  shall  be  the  duty  of  the  Supervisors,  as  far  as 
is  practicable,  to  place  all  destitute  or  neglected  children  who 
are  under  their  care  or  in  their  charge,  in  some  institution  or 
home  for  children,  or,  without  payment  of  board  in  some  re- 
spectable family  in  the  State  of  Maryland,  and  to  have  the 
children  visited,  and  their  circumstances  carefully  examined  at 
least  once  in  every  six  months  by  one  of  the  Supervisors  or  by  a 
skilled  agent  or  agents  appointed  by  them  for  the  purpose.  On 
the  preliminary  question  of  the  commitment  of  any  destitute  or 
neglected  child,  said  Supervisors,  or  their  agent,  shall  be  sum- 
moned by  the  committing  officer  and  heard  as  to  whether  the 
parent  or  guardian  of  the  child  to  be  committed  is  entitled  to 
the  aid  of  the  city,  and  if  on  return  of  the  summons  of  the  said 
Supervisors,  or  their  agent,  further  time  is  required  by  them, 
or  him,  to  make  inquiry  as  to  the  pecuniary  ability  of  said 
parent  or  guardian  further  time,  not  exceeding  twenty-four 
hours,  shall  be  given.  The  wish  and  request  of  the  parent  or 
guardian  as  to  the  place  of  commitment  shall  be  respected, 
unless  good  cause  to  the  contrary  be  shoMru  by  the  Supervisors. 


125 

The  Supervisors  of  City  Charities  shall  have  power  to  place 
foundlings  in  any  proper  institution  with  which  the  city  has  a 
contract. 

P.  L.  L.,  (1860)  Art.  4,  sec.  42.    P.  L.  L.,  (1888)  Art.  4,  sec.  39. 

108.  The  Supervisors  may  admit  into  the  Almshouse  and 
receive  under  their  care,  in  addition  to  those  paupers  v/hich  the 
laws  of  this  State  authorize  and  require,  such  indigent  or  dis- 
tressed persons  as  in  their  opinion  the  dictates  of  humanity  or 
particular  circumstances  render  proper  or  necessary.  In  cases 
of  emergency  any  Supervisor  may  direct  the  admission  of  any 
destitute,  indigent  or  distressed  person  to  the  Almshouse. 

P.  L.  L.,  (1860)  Art.  4,  sec.  43.    P.  L.  L.,  (1888)  Art.  4,  see.  40. 

109.  The  Supervisors  shall  prescribe,  provide  for,  and  direct 
all  matters  relating  to  the  support,  treatment  and  employment 
of  all  paupers,  vagrants  and  other  persons  in  the  Almshouse, 
or  any  other  place  under  their  care  and  charge. 

P.  L.  L.,  (1860)  Art.  4,  see.  44.     P.  L.  L.,   (1888)  Art.  4,  sec.  41. 

110.  The  Supervisors  shall  procure,  or  erect  and  use  all 
such  machinery,  materials  and  implements  as  they  shall  think 
proper  or  necessary  for  any  purpose  connected  with  their  duties 
or  the  exercise  of  the  powers  vested  in  them. 

P.  L.  L.,  (I860)  Art.  4,  sec.  57.    P.  L.  L.,  (1888)  Art.  4,  sec.  53. 

111.  The  Supervisors  shall  meet  at  the  Almshouse  five  times 
in  the  year,  to  wit :  in  the  first  week  of  February,  April,  June, 
October  and  December,  or  oftener,  if  they  shall  deem  it  neces- 
sary; and  shall  make  by  a  majority  of  votes  of  such  as  may  be 
present,  all  such  good  and  wholesome  rules  and  by-laws  as  they 
may  think  necessary  and  convenient  for  the  maintenance  and 
employment  of  the  inmates  of  said  Almshouse. 

P.  L.  L.,  (I860)  Art.  4,  sec.  58.    1862,  ch.  279.     P.  L.  L.,  (1888) 

Art,  4,    sec.  54. 

112.  Upon  complaint  made  to  the  Supervisors  by  the  Super- 
intendent of  said  Almshouse,  and  due  proof  thereof,  that  any 
pauper  in  said  Almshouse  has  behaved  in  a  disorderly  manner, 
or  has  neglected  to  obey  and  keep  any  of  the  rules  and  by-laws, 
the  Supervisors  may  order  and  direct  such  moderate  and  proper 
correction  for  any  such  oifence  as  the  nature  of  the  case  may 
require. 


126 
SUPERINTENDENT  OF  ALMSHOUSE. 

p.  L.  L.,  (1860)  Art.  4,  sees.  49,  51.    P.  L.  L.,  (1888)  Art.  4,  sees.  46,  47. 

113.  The  Supei'visors  shall  meet  at  the  Almshouse  on  the 
first  Monday  of  April,  yearly,  and  appoint  a  Superintendent  of 
said  Almshouse,  who  shall  receive  a  salary  of  one  thousand  six 
hundred  dollars  per  annum,  payable  monthly.  They  shall  require 
such  Superintendent  to  enter  into  bond  with  sufficient  security, 
payable  to  the  Mayor  and  City  Council  of  Baltimore,  in  the 
penalty  of  five  hundred  dollars,  for  the  faithful  performance  of 
the  duties  of  his  office. 

P.  L.  L.,  (I860)  Art.  4,  see.  52.    P.  L.  L.,  (1888)  Art.  4,  sec.  48. 

114.  In  addition  to  such  other  duties  as  the  Supervisors 
may  prescribe,  the  Superintendent  shall  keep  a  regular  list  of 
all  poor,  beggars,  vagrants,  vagabonds  and  offenders  who  shall 
be  committed  to  said  Almshouse,  and  also  regulate  accounts, 
in  writing,  of  all  materials  and  other  things  which  may  come 
to  his  hands,  and  of  all  expenses  and  charges  attending  their 
maintenance  and  support,  and  of  all  moneys  received  by  him 
for  the  sale  of  the  produce  of  their  labor,  and  otherwise,  as 
Superintendent,  and  shall  lay  the  same  before  the  Supervisors 
annually  and  whenever  required. 

PURVEYOR  OF  PROVISIONS. 

p.  L.  L.,  (1860)  Art.  4,  sec.  46.    P.  L.  L.,  (1888)  Art.  4,  sec.  43. 

115.  The  Supervisors  may  appoint  a  Purveyor  of  Provi- 
sions to  said  Almshouse,  and  fix  his  salary  at  a  sum  not  to  ex- 
ceed fifteen  hundred  dollars  per  annum.  It  shall  be  the  duty 
of  said  Purveyor  to  provide  and  furnish  provisions  to  said 
Almshouse  under  the  directions  of  said  Supervisors,  to  whom  he 
shall  annually  return  a  statement  or  account  of  his  receipts  and 
expenditures,  to  be  examined  and  passed  at  their  discretion. 

P.  L.  L.,  (1860)  Art.  4,  sec.  47.    P.  L.  L.,  (1888)  Art.  4,  sec.  44. 

116.  The  Supervisors  shall  require  the  said  Purveyor  to 
give  bond  and  security  to  be  approved  by  them,  and  in  such 
penalty  as  they  shall  direct,  conditioned  for  the  faithful  per- 
formance of  the  trusts  reposed  in  him,  and  upon  failure  to  com- 
ply with  the  conditions  thereof,  they  may  direct  said  bonds  to 
be  put  in  suit,  and  any  sum  of  money  recovered  in  such  suits 
shall  be  applied  to  the  use  of  said  Almshouse. 

117.  None  of  the  foregoing  provisions  in  sections  104  to 
116  inclusive,  shall  apply  to  offenders,  juvenile  or  adult. 


127 
VISITORS  OF  THE  JAIL. 

1826,  ch.  224.  1831,  ch.  58.  1868,  ch.  3.  P.  L.  L.,  (1888)  Art.  4,  sec.  535. 

1914,  ch.  343. 

118.  The  Visitors  of  the  Jail  shall  be  the  second  sub-de- 
partment of  Charities  and  Corrections,  and  the  head  of  this 
sub-department  shall  be  a  board  consisting  of  nine  persons,  ap- 
pointed by  the  Mayor  in  the  manner  prescribed  in  section  25 
of  this  Article,  who  shall  hold  their  offices  as  therein  provided. 
They  shall  serve  without  pay.  One  of  their  number  shall  be 
designated  by  the  Mayor,  who  shall  be  President  of  said  Visi- 
tors, and  the  said  Visitors  shall  elect  from  their  number  a  Sec- 
retary. The  Visitors  to  the  Jail  shall  have  charge  and  con- 
trol, supervision  and  regulation  of  the  Baltimore  City  Jail  and 
all  reformatory,  criminal  and  penal  institutions  belonging  to 
the  city.  The  Visitors  to  the  Jail  shall  have  the  power  to  pass 
rules  and  regulations  for  their  own  government  and  for  the  gov- 
ernment of  the  Baltimore  City  Jail  and  the  aforesaid  institu- 
tions belonging  to  the  city,  not  inconsistent  with  this  Article, 
and  shall  perform  such  other  duties  as  may  be  required  of  them 
by  ordinances  not  inconsistent  with  this  Article. 

Field  V.  Malster,  88  Md.  691.  Beasley  v.  Ridout,  94  Md.  675.  (This 
case  construes  Acts  of  Assembly  relating  to  Visitors  of  the  Jail.) 

P.  L.  L.,  (1860)  Art.  4,  sec.  574.    P.  L.  L.,  (1888)  Art.  4,  sec.  541. 

119.  The  said  Visitors  shall  meet  on  the  first  Tuesday  of 
every  month  or  at  such  other  times  as  they  may  direct ;  special 
meetings  may  be  called  at  any  time  by  the  President,  or  any 
two  members,  on  giving  three  days'  notice  in  writing  to  the 
members. 

1831,  ch.  58.    P.  L.  L.,  (1860)  Art.  4,  sec.  575.     P.  L.  L.,   (188S) 

Art.  4,  sec.  542. 

120.  The  said  Visitors  shall  have  full  power  and  authority, 
as  often  as  they  may  deem  it  necessary,  to  visit  the  jail  and 
the  prisoners  confined  therein ;  to  make  by-laws  for  the  internal 
police  and  good  government  thereof,  and  for  the  preservation 
of  the  buildings  and  other  property. 

1898,  ch.  412. 

120a.  Whenever  the  Board  of  Visitors  of  the  Baltimore 
City  Jail  may  deem  it  necessary,  they  shall  have  full  power  to 
summon  the  State  Lunacy  Commission  to  examine  and  pass 
upon  the  mental  condition  of  the  convicts,  and  if  the;  convict  or 
convicts  so  exaniiufd   be   adjudged    insane   or   luiuitic  by   said 


128 

commission,  or  a  majority  thereof,  and  removal  be  deemed  ad- 
visible,  said  commission  shall  make  a  complaint  to  the  judge 
of  the  Criminal  Court  of  the  City  of  Baltimore,  who  shall  have 
the  power  to  order  the  removal  of  such  insane  or  lunatic  con- 
vict or  convicts  to  the  Bay  View  Asylum  for  treatment. 

P.  L.  L.,  (1860)  Art.  4,  sec.  576.    P.  L.  L.,  (1888)  Art.  4,  sec.  543. 

121.  The  said  Visitors  shall  regulate  and  provide  the  diet 
of  the  prisoners,  procure  necessary  bedding  and  clothing  for 
their  use;  make  such  repairs,  alterations  and  improvements 
in  and  about  the  jail  as  they  may  deem  necessary,  and  provide 
medicine  and  attendance  for  such  of  the  prisoners  as  are  sick. 

1884,  ch.  368.    P.  L.  L.,   (1888)  Art   4,  sec.  544. 

122.  All  persons  confined  in  Baltimore  City  Jail,  under  sen- 
tence of  the  Criminal  Court  of  Baltimore,  for  offences  punisha- 
ble by  confinement  therein,  or  committed  by  any  Judge,  Court, 
Justice  of  the  Peace,  or  other  lawful  authority  having  jurisdic- 
tion to  commit  such  person  to  said  jail,  either  as  a  punishment 
for  the  violation  of  any  law  or  ordinance,  or  under  or  by  virture 
of  any  law  or  ordinance,  or  for  failure  to  pay  any  fine  or  costs 
imposed  upon  such  person  by  any  such  Judge,  Court,  Justice 
of  the  Peace  or  other  lawful  authority,  shall  be  kept  by  tlie 
Visitors  to  the  Jail  at  hard  labor  in  some  useful  employment. 
The  said  Visitors  to  the  Jail  shall  frame  such  regulations  as 
shall  be  necessary  to  the  industry,  quiet  and  discipline  of  such 
persons,  and  shall  have  them  kept  separate  from  persons  in 
confinement  awaiting  trial,  or  for  other  causes. 

P.  L.  L.,   (1860)   Art.  4,  sec.  578.     P.  L.  L.,    (1888)  Art.  4,  sec.  545. 

123.  The  said  Visitors  shall  also  reciuire  all  vagrants  con- 
fined in  said  jail  to  work  and  labor  about  the  premises. 

P.  L.  L.,  (I860)  Art.  4,  sec.  579.    P.  L.  L.,  (1888)  Art.  4,  sec.  516. 

124.  The   said  Visitors   mtiy,   with   their   consent,   employ 

other  persons  confined  therein  in  such  work  and  labor  in  and 

about  the  premises  as  may  be  consistent  with  their  safe-keeping, 

and  shall  keep  an  account  of  the  earnings  of  such  persons,  and 

shall,  upon  their  discharge,  allow  them  two-thirds  of  the  net 

proceeds  thereof,  to  be  ascertained  by  the  Visitors. 

Section  1  of  the  Act  of  1906,  ch.  71,  reads  as  follows : 

"Be  it  enacted  by  the  General  Assembly  of  Maryland  that  the  Visitors 

of  the  Jail  in  Baltimore  City,  be  and  they  are  hereby  unconditionally 

authorized  and  empowered  to  contract,  upon  such  terms  as  to  price  or 

otherwise  as  they  may  deem  expedient  or  proper,  with  any  person  or 


129 

corporation,  in  their  discretion,  for  the  erection  at  the  Baltimore  City 
Jail  of  a  workshop  for  its  uses;  provided  that  the  cost  of  erecting  said 
workshop  shall  be  paid  for  by  the  hire  to  the  contractor,  as  now  author- 
ized by  law,  and  as  fixed  in  amount  or  otherwise  by  the  said  visitors,  in 
their  discretion,  of  inmates  of  said  Jail." 

P.  L.  L.,   (1860)   Art.  4,  sec.  5S0.     P.  L.  L.,   (1888)  Art.  4,  sec.  547. 

125.  The  said  Visitors  shall  keep  regular  books  of  accounts, 
iu  which  the  whole  expenses  of  the  jail,  whether  for  supplies, 
salaries  of  officers,  repairs  or  incidentals,  shall  be  distinctly 
stated. 

WARDEN  OF  JAIL. 

1826,  eh.  224.     1831,  ch.  58.     P.  L.  L.,   (1860)  Art.  4,  sec.  581. 
P.  L.  L.,    (1888)    Art.  4,  sec.  548. 

126.  The  said  Visitors  shall  appoint  a  fit  person  as  Warden 
of  the  Baltimore  City  Jail.  They  shall  allow  the  said  Warden 
and  his  assistants  and  other  employees  and  servants  such  com- 
pensation as  in  their  judgment  is  proper,  not  to  exceed  in  the 
aggregate  the  amount  appropriated  by  ordinance.  The  said 
Visitors  shall  at  their  will  and  pleasure  remove  the  said  War- 
den. 

P.  L.  L.,  (1860)  Art.  4,  sec.  581.    P.  L.  L.,  (1888)  Art.  4,  sec.  548. 

127.  It  shall  be  the  duty  of  the  Warden  of  the  Baltimore 
City  Jail  to  take  charge  of  the  prison  and  prisoners  therein, 
and  exercise,  during  his  continuance  in  office,  the  same  powers, 
and  be  subject  to  the  same  forfeitures,  and  be  responsible  for 
escapes  in  the  same  manner,  and  to  the  same  extent,  as  sheriffs 
of  the  respective  counties,  and  he  shall  perform  such  other 
duties  as  shall  be  required  of  him  by  said  Visitors. 

1826,  ch.  224.     1831,  ch.  58.     P.  L.  L.,   (1860)   Art.  4,  sec.  583, 
P.  L.  L.,    (1888)    Art.  4,  sec.  550. 

128.  The  said  Warden,  before  he  enters  upon  the  duties 
of  his  office  shall  give  bond  to  the  State  with  good  security  to 
be  approved  by  the  Visitors,  in  the  penalty  of  ten  thousand  dol- 
lars, conditioned  for  the  faithful  performance  of  his  duty  as 
Warden,  and  for  the  safe-keeping  of  all  such  persons  as  shall  be 
committed  by  legal  authority  to  the  Baltimore  City  Jail,  which 
bond  shall  be  filed  with  the  Comptroller. 

1831,  ch.  58.    P.  L.  L.,  (1860)  Art.  4,  sec.  584.    P.  L.  lu,  (18SS) 

Art.  4,  sec.  551. 

129.  The  said  Warden  shall  also  take  and  subscribe;  an  (tath 
0) 


130 

that  he  will  duly  and  faithfully  execute  the  duties  aud  trusts, 
and  exercise  the  powers  committed  to  and  vested  in  him  as 
Warden  of  the  Baltimore  City  Jail. 

1826,  ch.  224.    P.    L.  L.,  (1860)  Art.  4,  sec.  585.    P.  L.  L.,  (1888) 

Art.  4,  sec.  552. 

130.  The  Visitors  shall  prescribe  the  number  and  duties  of 
the  assistants  who  may  be  necessary  to  be  employed  by  said 
Warden,  but  the  Warden  shall  have  the  appointment  and  re- 
moval of  such  assistants,  subject  to  the  approval  of  the  Visitors, 
and  shall  fix  their  compensation,  not  to  exceed  in  the  aggregate 
the  amount  appropriated  by  ordinance. 

1826,  ch.  224.    P.  L.  L.,  (1860)  Art.  4,  sec.  586.    P.  L.  L.,   (1888) 

Art.  4,  sec.  553. 

131.  All  commitments  of  prisoners  to  the  Baltimore  City 
Jail  shall  be  directed  to  the  Warden  of  said  jail,  whose  duty  it 
shall  be  to  receive  the  prisoners  from  the  officers  having  them 
in  charge. 

1826,  ch.  224.     1831,  ch.  58.    P.  L.  L.,  (1860)  Art.  4,  sec.  587. 
P.  L.  L.,    (1888)   Art.  4,  sec.  554. 

132.  The  Warden  shall  conduct  all  prisoners  in  his  custody 
to  and  from  the  courts,  when  the  said  courts  shall  direct  him 
to  do  so. 

1831,  ch.  58.    P.  L.  L.,  (1860)  Art.  4,  sec.  588.     P.  L.  L.,   (1888) 

Art.  4,  sec.  555. 

133.  The  Warden  shall  account  with  the  Visitors  for  all 
sums  of  money  which  he  may  collect  from  any  source  connected 
with  the  institution. 

1831,  ch.  58.    P.  L.  L.,  (1860)  Art.  4,  sec.  591.     P.  L.  L.,  (1888) 

Art.  4,  sec.  558. 

134.  The  Visitors  shall  annually,  during  the  month  of  Jan- 
uary, make  out  and  lay  before  the  Mayor  and  City  Council 
of  Baltimore  a  full  statement  of  all  the  public  money  received 
by  them  from  the  City  Register  or  from  any  other  source,  and 
the  manner  in  which  it  has  been  expended. 

P.  L.  L.,  (1860)  Art.  4,  sees.  592,  593.  P.  L.  L.,  (1888)  Art.  4,  sees.  559,  560. 

135.  No  spirituous  or  malt  liquors  shall  be  disposed  of,  sold 
or  given  away  within  said  jail,  and  any  employee  or  servant  of 
said  jail  disposing  of,  selling  or  giving  away,  or  being  con- 
cerned with  others  in  the  disposal,  selling  or  giving  away  of 


131 

anv  spirituous  or  malt  liquors  as  aforesaid  to  any  person  com- 
ing to  said  jail  on  a  visit,  or  to  any  prisoner  confined  therein, 
or  to  any  other  person,  except  by  order  of  the  attending  physi- 
cian, shall  forfeit  and  pay  the  sum  of  one  hundred  dollars,  to  be 
recovered  by  indictment,  one-half  to  go  to  the  informer,  and 
the  other  half  to  be  applied  to  the  use  of  the  city. 

P.  L.  L.,   (1860)  Art.  4,  sees.  595,  596.     P.  L.  L.,  (1888)  Art.  4, 

sees.  561.  562. 

136.  If  the  Warden  or  his  Assistants,  or  any  employee  or 
servant  of  said  jail,  shall  introduce  any  such  spirituous  or  malt 
liquors,  or  suffer  them  to  be  introduced  as  aforesaid,  knowing 
it  to  be  contrary  to  law;  or  shall  permit  any  person  (with  the 
exception  of  the  attorney  of  a  person  confined  in  said  prison) 
to  enter  said  jail  without  license,  as  herein  provided,  each  and 
every  one  of  them  so  offending  shall  be  suspended  from  his 
office  and  be  incapable  of  holding  any  office  or  charge  within 
said  prison  for  the  space  of  one  year  thereafter. 

P.  L.  L.,   (1860)   Art.  4,  sec.  594.     P.  L.  L.,   (1888)  Art.  4,  sec.  563. 

137.  1^0  person,  except  the  attorney  of  a  prisoner,  shall  be 
permitted  to  visit  a  prisoner  within  said  jail  or  lot,  unless  by 
special  license  from  the  Warden,  or  some  Judge,  or  other  person 
legally  authorized  to  give  the  same. 

P.  L.  L.,  (1860)  Art.  4,  sec.  598.    P.  L.  L.,  (1888)  Art.  4,  sees.  564,  565. 

138.  All  persons  hereafter  sentenced  to  be  imprisoned  in 
said  jail  for  offences  by  the  Criminal  Court  of  Baltimore  shall 
be  kept  on  prison  fare,  and  not  be  allowed  any  other  food  or 
drink,  unless  by  the  written  direction  of  the  physician  of  the 
iail. 

CONVICTS. 

1880,  ch.  4.     P.  L.  L.,   (1888)  Art.  4,  sec.  568. 

139.  All  persons  who  shall  hereafter  be  convicted  of  any 
offense  punishable  by  confinement  in  said  Baltimore  City  Jail, 
and  confined  in  said  jail  under  a  sentence  for  a  longer  period 
than  two  calendar  months,  shall  each  have  a  deduction  from 
their  several  terms  of  sentence  of  five  days  for  each  and  every 
calendar  month  during  which  no  charge  of  misconduct  shall 
have  been  sustained  against  them,  and  they  sliall  be  discharged 
at  tlie  expiration  of  their  respective  terms  of  senten(!e,  less  the 
time  so  deducted,  and  a  certificate  of  the  Warden  of  said  Jail 
of  such   deduction   shall   be  entered  on  the   warrant  of  com- 


132 

mitment ;  provided,  that  if,  during  the  term  of  imprisonment, 
the  prisoner  shall  commit  any  act  of  insubordination  or  other 
violation  of  discipline,  the  Visitors  to  the  Jail  may,  at  their 
discretion,  reduce  and  annul  entirely  such  deductions. 

P.  L.  L.,  (1860)  Art.  4,  sec.  159.    P.  L.  L.,  (1888)  Art.  4,.  sec.  569. 

140.  All  persons  confined  in  said  jail  under  the  provisions 
of  the  preceding  section  shall  be  kept  separate  from  such  per- 
sons as  are  in  confinement  for  offenses  other  than  those  re- 
ferred to  in  the  preceding  section,  or  who  may  be  awaiting  trial. 

VAGEAl^TS. 

1862,  ch.  8.    P.  L.  L.,  (1888)  Art.  4.  sec.  570. 

141.  The  Warden  of  the  Baltimore  City  Jail  shall  prepare 
and  send  to  the  Judge  of  the  Criminal  Court  of  Baltimore,  on 
each  and  every  Saturday,  a  full  and  complete  list  of  the 
names  of  all  persons  who  are  committed  to  his  custody  by  the 
Justices  of  the  Peace  of  said  city,  either  as  vagrants  or  in 
default  of  security  to  keep  the  peace ;  and  the  Judge  of  the  said 
Court  shall  have  full  power  to  review  the  said  commitments; 
and  upon  examination  of  the  various  cases  so  reported  to  him 
by  the  Warden  of  the  Jail  as  aforesaid,  he  shall  discharge  or 
recommit  the  said  parties  for  a  term  not  to  exceed  six  months, 
as  in  his  discretion  may  be  most  conducive  to  the  preservation  of 
public  peace  and  order.  The  Justices  of  the  Peace  of  the  City 
of  Baltimore  are  prohibited  from  charging  costs  in  the  cases 
above  named,  unless  the  parties  are  recommitted  by  order  of  the 
Judge  of  said  Court. 

1880,  ch.  51.     P.  L.  L.,   (1888)  Art.  4,  sec.  571. 

142.  When  any  person  arrested  in  the  City  of  Baltimore 
shall  be  held  in  custody  until  such  person  can  give  security  to 
keep  the  peace,  or  shall  be  committed  to  jail  or  the  House  of 
Correction  in  default  of  such  security,  such  person  shall  be 
chargeable  with  and  shall  pay  all  costs  prescribed  by  the  laws 
of  this  State  for  such  arrest,  commitment,  or  giving  security  to 
keep  the  peace,  and  in  default  of  the  payment  thereof  shall 
be  committed  to  jail  until  such  costs  and  the  costs  of  his  release 
shall  be  paid,  or  until  thence  discharged  by  due  course  of  law: 
and  said  costs  shall  be  accounted  for  and  paid  over  by  said 
respective  Justices  of  the  Peace  so  sitting  at  the  respective  sta- 
tion houses  in  the  manner  in  which  all  costs  paid  to  such  Justices 
of  the  Peace  so  respectively  sitting  at  such  station  houses  in  the 


133 

City  of  Baltimore,  are  now  or  may  hereafter  be  required  by  law 
to  be  accounted  for  and  paid   over. 

1886,  ch.  373.    P.  L.  L.,  (1888)  Art.  4,  sec.  572. 

143.  Whenever  any  person  has  been  committed  to  the  Bal- 
timore City  Jail  on  the  charge  of  drunkenness  or  disorderly 
conduct,  and  he  is  deemed  by  the  physician  in  charge  of  said 
jail  a  proper  subject  for  the  Almshouse,  the  Visitors  to  the  Jail 
shall  have  power  to  transfer  said  person  to  said  Almshouse. 

1886,  ch.  373.    P.  L.  L.,  (1888)  Art.  4,  sec.  573. 

144.  Whenever  any  person  has  been  committed  to  the  Bal- 
timore City  Jail  on  the  charge  of  drunkenness  or  disorderly 
conduct  who  is  affected  with  any  form  of  disease  that  in  the 
judgment  of  the  physician  of  said  jail  would  require  a  longer 
time  than  the  term  of  sentence  to  cure,  or  in  any  .case  where  the 
accommodation,  comfort,  care  and  nursing  cannot  be  furnished 
by  the  said  jail,  or  in  case  of  any  person  who  may  be  insane 
at  the  time  of  committal,  or  become  insane  during  the  term  for 
which  committed,  the  said  Visitors  to  the  Jail  shall  have  the 
power  to  release  and  send  such  person  to  his  or  her  home,  or  to 
some  infirmary,  hospital  or  to  the  Almshouse^,  where  provision 
has  been  made  by  the  City  of  Baltimore  for  the  reception  of 
such  cases. 

M.  &  C.  C.  of  Baltimore  v.  Keeley  Institute,  81  Md.  106. 

DEPARTMENT  OF  REVIEW  AND  ASSESSMENT. 

145.  There  shall  be  a  Department  of  Review  and  Assess- 
ment of  the  Mayor  and  City  Council  of  Baltimore,  composed 
of  the  x^ppeal  Tax  Court  and  the  Commissioners  for  Opening- 
Streets.  The  head  of  this  department  shall  be  the  Board  of 
Review  and  Assessment,  to  consist  of  the  President  of  the  Ap- 
peal Tax  Court,  the  President  of  the  Commissioners  for  Open- 
ing Streets,  and  the  Mayor  ex  officio.  The  President  of  the  said 
Court  shall  be  the  President  of  the  Board  of  Review  and  As- 
sessment. This  Board  shall  be  for  consultation  and  advice,  but 
it  shall  have  no  power  to  direct  or  control  either  sub-department. 
It  shall  perform  such  duties  as  may  be  prescribed  by  ordinances 
not  inconsistent  with  this  Article. 

APPEAL  TAX  COURT. 

1H74,  oh.  483.     1888,  ch.  98,  sec.  22.    P.  L.  L..  (1888)  Art.  4,  Sec.  842. 

146.  The  Appeal  Tax  Court  shall  be  the  first  sub-depart- 


134 

ment  of  Review  and  Assessment,  and  its  head  shall  be  a  bench 
composed  of  three  members,  appointed  by  the  Mayor  in  the  man- 
ner prescribed  in  section  25  of  this  Article,  and  removable  as 
therein  provided.  One  of  their  number  shall  be  President,  and 
shall  be  so  designated  when  appointed  by  the  Mayor.  Their 
term  of  office  shall  be  for  three  years,  one  member  to  retire  every 
year ;  except  that  the  members  of  the  Court  first  appointed  shall 
determine  by  lot  their  terms  of  office,  so  as  to  provide  for  the 
termination  of  the  term  of  one  member  each  at  the  end  of  the 
first  and  second  years.  Each  member  of  said  Court  shall  receive 
a  salary  of  two  thousand  dollars  per  annum,  payable  monthly. 
The  said  Court  shall  appoint  a  Clerk,  who  shall  receive  a  salary 
of  one  thousand  six  hundred  dollars  per  annum,  payable 
monthly,  and  shall  perform  such  duties  as  the  Court  may  pre- 
scribe. The  said  Court  may  also  appoint  such  other  employees 
as  the  city  by  ordinance  may  direct. 

Baltimore  City  v.  Johnson,  96  Md.  742.     Joesting  v.  Baltimore  City, 
97  Md.  596. 

1874,  ch.  483.    1888,  ch.  98,  sec.  22.    P.  L.  L.,  (1888)  Art.  4,  see.  842. 

147.  The  said  Court  shall  meet  from  time  to  time  for  the 
purpose  of  hearing  appeals  and  making  transfers  and  correcting 
the  accounts  of  assessable  property  charged  to  taxpayers,  and 
the  assessment  thereof.  The  said  Court  may  also  appoint  such 
number  of  assessors  as  they  may  deem  necessary  in  investigating 
and  ascertaining  all  omitted  and  taxable  property,  and  assessing 
and  returning  the  same  to  the  said  Court,  not  to  exceed  such 
number  as  by  ordinance  may  be  authorized. 

Robinson  v.  Baltimore,  93  Md.  208. 
The  Appeal  Tax  Court  cannot  be  required  to  sit  as  a  Court  of  review. 

Consol.  Gas  Co.  v.  Baltimore,  101  Md.  541. 
Many  of  the  provisions  of  this  Article  relating  to  assessments  have 
been  embodied  from  Art.  50,  City  Code  (1893). 

1841,  ch.  23,  sec.  43.     1841,  ch.  116.     1847,  ch.  266,  sec.  16.     P.  G.  L., 

(1860)   Art.  81,  sec.  7.     1874,  ch.  483,  sec.  5.     P.  G.  L.,   (1888) 

Art.  81,  sec.  6.     1894,  ch.  165.     P.  G.  L.,  (1904) 

Art.  81,  sec.  7. 

148.  Every  assessor  provided  for  in  this  sub-division  of  this 
Article  shall  annually  inform  himself,  by  all  lawful  means, 
of  all  property,  real  and  personal,  and  stocks  or  investments 
in  the  city,  liable  to  taxation  or  assessment,  and  which  may 
have  been  omitted  in  the  assessment,  and  all  buildings  and  im- 
provements, and  all  property  created  or  acquired  since  the  last 
assessment,  and  shall  value  the  same  at  the  full  cash  value  there- 
of, and  shall  make  return  thereof  to  said  Court,  and  for  the  pur- 


135 

poses  of  this  section  the  said  assessors  are  hereby  clothed  with 
the  powers  of  general  assessors,  and  their  valuation  shall  be 
subject  to  revision  and  correction  by  said  Court. 

O'Neal  V.  Va.  &  Md.  Bridge  Co.,  IS  Md.  24.  Co.  Commr's  v.  Union 
Mining  Co.,  61  Md.  547.  Hopkins  v.  Baker,  78  Md.  363.  Hopkins  v. 
Van  Wyck.  SO  Md.  7.  Skinner  Dry  Dock  Co.  v.  Balto.  City,  96  Md.  40. 
Consol.  Gas  Co.  v.  Baltimore  City,  101  Md.  541. 

The  life  tenant  is  responsible  for  taxes,  Stansbury  v.  Nicholl,  Daily 
Record,  Aug.  2,  1901. 

1841,  ch.  266,  sec.  16.     P.  G.  L.,    (1860)   Art.  81,  sec.  8.     1874,  ch.  483, 

sec.  6.    P.  G.  L.,  (1888)  Art.  81,  sec.  7. 

P.  G.  L.,  (1904)  Art.  81,  sec.  8. 

149.  The  assessors  shall  be  allowed  such  compensation  for 
the  performance  of  their  duties  as  the  citv  may  by  ordinance 
direct. 

1880,  cli.  230.     P.  L.  L.,    (1888)   Art.  4,  sec.  843. 

150.  Before  increasing  the  assessment  of  any  property  which 
has  been  theretofore  asssessed,  or  adding  any  new  property  not 
valued  and  returned  to  them  by  the  proper  assessor,  it  shall  be 
the  duty  of  the  said  Court,  as  the  case  may  be,  to  notify  the 
owner  of  such  property  by  written  or  printed  summons,  con- 
taining such  interrogatories  in  regard  to  the  property  as  they 
may  require  to  be  answered  on  oath,  and  appointing  a  certain 
day  for  such  owner  to  answer  such  interrogatories,  either  orally 
or  in  writing,  and  to  make  such  statement,  or  present  such  proof 
as  he  may  desire  in  the  premises;  and  such  notice  shall  be 
served  on  such  owner  or  left  at  his  place  of  abode  at  least  five 
days  before  the  day  of  hearing  appointed  in  such  summons. 
Such  owner  may  answer  the  interrogatories  contained  in  such 
summons,  and  may  appear  on  such  return  day  and  answer  the 
same  under  oath,  orally,  before  said  Court,  and  may  present 
such  testimony  as  he  may  desire  and  said  Court  may  think 
necessary  and  proper  to  be  heard.  In  case  such  owner,  after 
being  summoned,  shall  fail  to  answer  in  writing  on  oath,  or  to 
appear  and  answer  orally  such  interrogatories,  such  Court,  after 
such  return  day  has  passed,  may  proceed  to  re-value  and  re- 
assess said  property,  or  add  such  new  property,  according  to  its 
best  judgment  and  information  in  the  premises;  but  no  such 
re-valuation  and  re-assessment  shall  be  made  by  such  Court 
without  giving  such  notice ;  provided,  that  nothing  in  this  section 
shall  be  construed  to  apcly  to  the  valuation  and  assessment  of 
now  improvements  or  new  property  discovered  and  assessed 
and  returned  to  the  said  Court  by  the  proper  assessor  whose  duty 
it  is  to  assess  and  return  the  same. 


136 

Co.  Comm'rs  v.  Union  Mining  Co.,  61  Md.  546.  Allegliany  Co.  v.  N. 
Y.  Mining  Co.,  76  Md.  556.  Baltimore  Co.  v.  Winand,  77  Md.  524. 
Hopkins  v.  Van  Wyck,  SO  Md.  15,  17.  Myers  v.  Baltimore  Co.,  83  Md. 
393.  Balto.  C.  &  A.  R.  R.  Co.  v.  Wicomico  Co.,  93  Md.  113.  Gittings 
V.  Mayor,  95  Md,  419.  Skinner  Dry  Dock  Co.  v.  Baltimore,  96  Md.  40. 
Baltimore  City  v.  Poole,  97  Md.  70. 

1844,  ch.  234,  sec.  2.     P.  G.  L.,    (1860)    Art.  81,  sec.  98.     1874,  ch.  483. 

P.  G.  L.,  (1888)  Art.  81,  sec.  89.    P.  L.  L.,  (1888)  Art.  4,  sec. 

486.    P.  G.  L.,  (1904)  Art.  81,  sec.  104.    1908,  ch.  164. 

151.  The  Citj  Register  shall,  on  the  first  dav  of  each  and 
every  month  in  which  the  interest  on  city  stock  is  payable,  make 
out  and  deliver  to  the  said  court  a  full  and  accurate  list  of  the 
holders  of  all  public  stock,  the  interest  on  which  is  payable  in 
said  respective  month. 

Sec.  160  of  Art.  81,  Public  General  Laws,  Code  1904,  as  re-enacted 
by  Act  1906,  ch.  467,  reads  as  follows : 

160.  Any  corporation  having  a  capital  stock  divided  into  shares  and 
owning  as  an  investment  of  part  of  its  capital  any  of  the  stock  debt  of 
this  State  upon  which  the  State  Tax  has  been  deducted  by  the  Treasurer, 
or  of  the  stock  debt  of  the  City  of  Baltimore  on  which  the  State  Taxes 
have  been  paid  or  are  payable  by  said  City,  or  shares  in  any  bank  or 
other  corporation  of  this  State  upon  which  the  State  and  County  or  City 
taxes  are  levied  and  paid,  or  are  payable  by  such  bank  or  other  corpora- 
tion, may  report  the  same  in  detail  under  the  oath  of  the  President, 
Cashier,  Treasurer  or  other  proper  officer  to  the  State  Tax  Commissioner, 
and  the  amount  of  such  stock  debt  or  debts,  or  the  assessed  value  of 
such  capital  stock  so  owned,  and  upon  which  such  taxes  are  paid  or 
payable  as  aforesaid,  shall  be  allowed  as  a  credit  in  the  settlement  of 
the  taxes  on  the  shares  of  capital  stock  of  such  corporation  so  owning 
the  same ;  and  any  corporation  not  having  capital  stock  divided  into 
shares,  and  owning  as  an  investment  of  part  of  its  assets  any  of  the 
stock  debt  of  this  State  upon  which  the  State  tax  has  been  deducted 
by  the  Treasurer,  or  of  the  stock  debt  of  the  City  of  Baltimore  on  which 
the  State  taxes  have  been  paid  or  are  payable  by  said  City,  or  shares 
of  the  capital  stock  of  any  bank  or  other  corporation  of  this  State,  upon 
which  the  State  and  County  or  City  taxes  are  levied  and  paid,  or  are 
payable  by  such  bank  or  other  corporation,  may  report  the  same  in 
detail,  under  the  oath  of  its  President.  Cashier,  Treasurer  or  other 
proper  officer  to  the  State  Tax  Commissioner,  and  the  amount  of  such 
stock  debt  or  debts,  or  the  assessed  value  of  such  shares  of  capital  stock 
so  owned,  and  upon  which  such  taxes  have  been  paid  or  are  payable  as 
aforesaid,  shall  be  allowed  as  a  credit  in  the  settlement  of  the  taxes  on 
the  assets  of  such  corporation  so  owning  the  same ;  but  no  credit  shall 
be  allowed  to  any  sueh  corporations  by  reason  of  any  investments  on 
which  the  taxes  are  not  paid  or  payable  as  aforesaid,  nor  by  reason  of 
the  ownership  by  said  corporation  or  corporations  of  the  stock  debt  of 
the  City  of  Baltimore  that  shall  be  hereafter  issued  under  the  loans 
authorized  by  Chapters  274.  338  and  349  of  the  Acts  of  the  General 
Assembly  of  Maryland  for  1904,  known  as  the  Annex.  Park  Extensions 
and  Sewer  Loans,  respectively,  or  under  any  other  loans  that  may  be 


137 

hereafter  authorized  by  the  General  Assembly  of  Maryland,  provided, 
however,  that  a  credit  shall  be  allowed  to  any  such  corporation  by  reason 
of  its  ownership  of  Baltimore  City  Burnt  District  Loan  Stock,  issued 
under  Chapter  468  of  the  Acts  of  1904,  the  Water  Loan  issued  under 
Chapter  333  of  the  Acts  1902,  and  the  Conduit  Loan  issued  under  Chap- 
ter 246  of  the  Acts  of  1902,  whether  heretofore  or  hereafter  issued ;  nor 
shall  such  credits  be  allowed  in  any  case  where  the  officer  making  such 
return  for  such  corporation  shall  fail  to  state  in  such  return  that  said 
investments  are  owned  by  the  corporation  of  which  he  is  such  officer, 
and  are  not  held  by  such  corporation  as  security  for  any  loan,  or  as  a 
collateral  security  for  any  payment,  or  other  purpose. 

1844,  ch.  234,  sec.  3.     P.  G.  L.,    (1860)   Art.  81,  see.  99.     1874,  ch.  483. 

P.  G.  L.,  (1888)  Art.  81,  sec.  90.     P.  L.  L.,  (1888)  Art.  4, 

sec.  847.    P.  G.  L.,  (1904)  Art.  81.  sec.  105. 

152.  The  said  Court  shall  in  each  year  carefully  examine 
the  said  lists  and  correct  the  same  by  striking  therefrom  all 
the  holders  of  said  stock  who  may  be  exempt  from  taxation  on 
said  stock,  and  shall,  on  or  before  the  first  day  of  September, 
annually  deliver  one  copy  of  the  said  list,  as  corrected  by  them, 
to  the  City  Register,  and  one  copy  thereof  to  the  State  Comp- 
troller, setting  forth  distinctly  in  said  copies  the  assessed  value 
of  the  stock  mentioned  therein. 

1844,  ch.  234,  sec.  4.     P.  G.  L.,    (1860)   Art.  81,  sec.  100.     1874,  ch.  483, 

sec.  92.     P.  G.  L.,  (1888)  Art.  81,  sec.  91.    P.  L.  L.,  (1888) 

Art.  4,  sec.  848.     P.  G.  L.,   (1904)  Art.  81,  sec. 

106.  1908,  ch.  164. 

153.  The  City  Register  shall  retain  from  the  interest  paid 

oil  the  several  city  loans  to  the  holders  thereof,  included  in  tbe 

said  corrected  list  returned  to  him  by  the  said  Court,  the  State 

tax  imposed  for  the  current  year  on  such  loans  by  the  Code  of 

Public  General  Laws.    He  shall  make  such  deductions  from  the 

installments  of  interest  payable  from  time  to  time  on  said  city 

stock,  and  he  shall,  as  soon  as  practicable  after  the  first  day  of 

September  in  each  year,  pay  over  such  State  taxes  to  the  State 

Comptroller. 

The  provisions  of  this  section  arc  rendered  obsolete  by  Act  of  1914, 
Chapter  43. 

1844,  ch.  234,  sec.  5.     P.  G.  L.,   (1860)   Art.  81,  sec.  101.     1874,  ch.  483, 

sec.  93.     P.  G.  L.,   (18&8)  Art.  81,  sec.  92.     P.  L.  L..   (1888) 

Art.  4,  sec.  849.     I'.  G.  L.,  (1904)  Art.  81,  sec. 

107.  1908,  ch.  164. 

154.  If  the  City  Register-,  shall,  at  any  time,  fail  to  make 
out  and  deliver  to  the  said  Court  the  list  of  holders  of  said  stock 
loans,  as  herein  required,  it  shall  be  the  duty  of  the  said  Court 


\ 


138 

to  ascertain  in  such  manner  as  they  may  deem  most  accurate, 
the  amount  of  said  stock  loans  of  the  City  of  Baltimore  out- 
standing on  the  first  day  of  each  and  every  month  in  which 
the  interest  on  said  city  stock  is  payable  in  the  year  in  which 
such  failure,  or  refusal,  shall  take  place,  and  on  or  before  the 
first  day  of  September  in  said  year,  make  and  deliver  one  copy 
of  a  statement  certified  by  them,  showing  the  amount  of  said 
stock  so  ascertained  by  them,  and  its  assessed  value  to  the  City 
Register,  and  one  copy  thereof  to  the  State  Comptroller;  and 
the  City  Register  shall  thereupon  pay  the  tax  aforesaid,  which 
he  is  in  section  153  of  this  Article  directed  to  deduct  from  the 
interest  payable  on  said  loans,  but  the  City  Register  shall  not 
be  required  to  set  apart  and  pay  over  the  said  tax  on  any  part 
of  said  stock  loans  which  he  may  satisfy  the  State  Comptroller 
by  a  certificate  to  that  effect,  signed  by  the  said  Court,  or  by 
other  satisfactory  evidence  was  held  on  the  first  day  of  the 
month  in  which  the  interest  on  said  city  stock  was  payable  in  the 
year  for  which  the  tax  may  become  due  by  any  person  entitled 
under  the  laws  of  this  State  to  hold  the  same  free  from  taxation. 
Under  Sections  151  to  154,  city  liable  for  State  tax  on  its  stock. 
Baltimore  v.  State,  105  Md.  2. 
(City  stock  exempted  by  Act  of  1914,  Chapter  43). 

1844,  ch.  234,  sec.  6.     P.  G.  L.,   (1860)   Art.  81,  sec.  102.     1874,  ch.  483, 

sec.  94.     P.  G.  L.,   (1888)  Art  81,  sec.  93.    P.  L.  L.,  (1888) 

Art.  4,  sec.  850.     1892,  ch.  567.    P.  G.  L.,  1904, 

Art.  81,  sec.  108. 

155.  Each  member  of  the  said  Court  shall  receive  fifty  dol- 
lars, annually,  for  the  services  required  in  the  three  preceding 
sections ;  and  the  City  Register,  the  sum  of  three  hundred  dol- 
lars for  the  services  therein  required  of  him;  the  said  sums 
to  be  paid  by  the  Treasurer  on  the  warrant  of  the  State  Comp- 
troller in  pursuance  of  Article  81,  section  108,  of  the  Code 
of  Public  General  Laws. 

1906,  ch.  84.     P.  G.  L.,  ,(1904)  Art.  81,  sec.  138. 

155a.  The  president  or  other  proper  officer  of  the  banks, 
State  and  National,  and  other  incorporated  institutions  in  the 
several  counties,  the  City  of  Baltimore  and  other  incorporated 
towns  of  Maryland,  shall  annually  on  or  before  the  first  day 
of  March,  furnish  to  the  County  Commissioners  of  each  County 
or  the  Appeal  Tax  Court  of  Baltimore  City  and  the  City  Clerk 
of  each  city,  town  or  village  incorporated  in  the  State  of  IMary- 
land,  in  which  any  of  its  stockholders  may  reside,  a  list  of  the 
said  stockholders,   so  far  as  their  place  of  residence  may  be 


139 

known  to  such  officer,  together  with  the  number  of  shares  of 
stock  held  by  each.  Said  list  shall  show  the  stockholders  of 
such  banks  and  other  incorporated  institutions  as  they  stand 
on  the  hrst  day  of  January  preceding,  together  with  their  resi- 
dences and  the  number  of  shares  held  by  each  on  said  date,  and 
the  taxable  value  of  such  respective  shares  of  stock,  ascertained 
as  hereinafter  provided,  shall  for  county  and  municipal  pur- 
poses be  valued  to  the  owners  thereof  in  the  manner  hereinafter 
as  of  the  preceding  first  day  of  January  of  each  year,  and  taxes 
thereon  shall  be  collected  for  such  banks  and  other  incorporated 
institutions  in  the  manner  hereinafter  provided  as  of  said  first 
day  of  January.  In  case  the  president  or  other  proper  officer  of 
said  bank  or  other  corporation  fail  or  refuse  to  furnish  a  state- 
ment as  herein  required  to  the  County  Commissioners  or  Appeal 
Tax  Court  or  City  Clerk  aforesaid,  on  or  before  the  day  herein- 
before specified  for  that  purpose,  then  for  each  day  that. shall 
thereafter  elapse  until  the  said  statement  shall  be  furnished, 
the  said  bank  or  other  corporation  shall  pay  to  the  County  Com- 
missioners, or  Mayor  and  City  Council  of  Baltimore,  or  other 
municipal  corporation,  as  the  case  may  be,  the  sum  of  one  hun- 
dred dollars,  and  for  the  valuation  and  effectual  collection  of 
taxes  assessed  on  the  stock  of  banks  or  other  incorporated  insti- 
tutions, held  by  non-residents,  the  president  or  other  proper 
officer  of  the  corporation  shall  annually  on  or  before  the  first  day  ' 
of  March  make  out  and  deliver  to  the  County  Commissioners 
of  the  County  or  the  Appeal  Tax  Court  or  City  Clerk  of  the 
municipal  corporation  where  said  corporation  is  situate,  an 
account  of  the  number  of  shares  of  stock  in  such  corporation 
held  by  persons  not  residents  of  this  State  as  of  the  first  day 
of  January  preceding,  and  the  same  shall  be  valued  at  its  actual 
cash  value,  to  and  in  the  name  of  such  stockholders  respectively 
as  of  said  first  day  of  January  preceding ;  but  the  tax  assessed  on 
such  stock  shall  be  levied  and  collected  from  said  corporation, 
and  may  be  charged  to  the  account  of  such  non-resident  stock- 
holders in  the  said  corporation,  and  shall  be  a  lien  on  the  stocks 
therein  held  by  such  stockholders,  respectively,  until  paid,  and 
in  no  case  shall  the  stock  of  any  corporation,  in  the  aggregate, 
be  valued  at  less  than  the  full  value  of  the  real  estate  aud  chat- 
tels, real  or  personal,  held  by  or  belonging  to  such  corporation 
in  the  several  counties  and  City  of  Baltimore,  whether  the 
shares  of  said  stock  are  quoted  on  the  market  or  not;  in  case 
of  faihu'e  or  refusal  to  comply  with  this  requii-cnient,  the  said 
bank  or  other  incorporated  institution  slnill  be  liable  to  the 
peiudty  hereinbefore  prescribed,  and  the  president  and  cashier 
or  treasurer  of  any  such  bank  or  other  incorporated  institution 


140 

failing  to  comply  in  every  respect  with  the  provisions  of  this 
section  shall  be  liable  to  indictment  therefor,  and  on  conviction 
shall  be  fined  not  less  than  five  hundred  dollars  nor  more  than 
five  thousand  dollars,  in  the  discretion  of  the  Court,  and  shall 
stand  committed  until  such  fine  is  paid. 

1843,  ch.  208,  sec.  17.     1847,  ch.  266,  sec.  15.     P.  G.  L.,   (1860)  Art.  81, 

sec.  18.     1874,  ch.  483,  sec.  16.     P.  G.  L.,   (1888)  Art.  81, 

sec.  17.     P.  G.  L.,   (1904)  Art.  81,  sec.  15. 

156.  Whenever  any  person  shall  make  application  for  an 
allowance  or  deduction  on  account  of  the  sale,  transfer,  aliena- 
tion, loss  or  removal  of  any  property,  or  the  collection  or  pay- 
ment of  any  public  or  private  security  for  money,  the  said 
Court  shall  interrogate  him  on  oath  in  reference  thereto, 
and  the  disposal  of  the  same,  and  especially  inquire  of  him  to 
whom  the  same  has  been  sold  or  transferred,  and  the  amount  of 
the  purchase  money  or  the  money  collected,  and  how  the  same 
has  been  invested. 

Skinner  &  Sons  Co.  v.  Baltimore  City,  96  Md.  32. 

1847,  ch.  266,  sec.  15.     P.  G.  L.,   (1860)   Art.  81,  sec.  19.     1874,  ch.  483, 

sec.  17.    P.  G.  L.,  (1888)  Art.  81,  sec.  18. 

P.  G.  L.,    (1904)   Art.  81.  sec.  16. 

157.  The  said  Court  shall  also  interrogate  the  said  person 
on  oath  in  reference  to  any  acquisitions  or  investments  made 
by  him,  and  not  already  assessed,  and  the  amount  of  all  such 
acquisitions  and  investments  shall  be  added  to  his  assessable 
property,  and  if  he  refuses  to  answer,  no  allowance  or  deduction 
shall  be  made;  they  shall  also  have  power  to  summon  before 
them  any  person  whom  they  may  know  or  be  credibly  informed 
has  acquired  new  property,  or  whose  account  of  taxable  property 
may,  in  their  judgment,  require  revision  and  correction,  and 
examine  such  person  on  oath  touching  the  same ;  and  any  person 
so  summoned,  and  refusing  to  appear,  and  any  person  refusing 
to  be  sworn,  or  to  answer  touching  said  amount  or  touching  his 
or  her  property,  shall  be  liable  to  prosecution  therefor,  and, 
upon  conviction,  shall  be  fined  not  exceeding  fifty  dollars  for 
each  offence,  to  be  collected  as  other  fines  are  collected. 

Co.  Comm'rs  v.  Winand,  77  Md.  524.  Hopkins  v.  Van  Wyck,  80  Md. 
15,  17.     Skinner  &  Sons  Co.  v.  Baltimore,  96  Md.  .32. 

Appeal  Tax  Court  has  power  to  change  classification  in  annex,  when 
physicial  condition  justifies  change. 

Sams  V.  Fisher,  106  Md.  155,  162. 

But  Equity  can  set  aside  classification  if  physical  facts  do  not  justify. 

City  V.  Gail.  106  Md.  684.  Baltimore  v.  Schaefer.  107  Md.  40.  Coulston 
V.  City,  109  Md.  271. 


141 

1841,  ch.  23.  sec.  41.     P.  G.  L.,    (1860)   Art.  81,  sec.  20.     1874,  ch.  483, 

sec.  18.     P.  G.  L.,   (1888)   Art.  81,  sec.  19. 

P.  G.  L.,    (1904)   Art.  81,  sec.  19. 

158.  Any  person  who  shall  remove  to  the  City  of  Baltimore 

from  any  County  or  City  in  which  his  property  has  been  as- 
sessed, and  whose  personal  property  has  not  been  assessed  in  the 
City  of  Baltimore,  or  any  person  whose  property  or  some  part 
thereof,  has  not  been  assessed,  shall,  when  required  by  said 
Court,  give  to  said  Court  a  full  and  particular  account  of  his 
personal  property  in  the  County  or  City  from  which  h,e  has 
removed  and  of  all  the  personal  property  in  his  possession  or 
under  his  care  and  management,  liable  to  be  assessed,  and 
which  before  that  time  shall  not  have  been  assessed  in  the  City 
of  Baltimore,  and  the  name  of  the  person  to  whom  it  belongs. 
Hopkins  v.  Van  Wyck,  80  Md.  15,  17. 

1841,  ch.  23.  sees.  14,  41,  42.    P.  G.  L.,   (1860)  Art.  81,  sec.  21.     1874,  ch. 

483,  sec.  19.     P.  G.  L.,   (1888)   Art.  81,  sec.  20. 

P.  G.  L..   (1904)  Art.  81,  sec.  20. 

159.  If  any  person  shall,  when  required  by  said  Court,  after 
ten  days'  notice,  neglect  to  render  the  account  required  in  the 
last  preceding  section,  he  shall  be  fined  a  sum  not  exceeding  fifty 
dollars,  to  be  collected  as  other  fines  are  collected ;  and  the 
said  Court  shall,  on  its  own  knowledge  and  on  the  best  informa- 
tion they  can  obtain  value  the  property  of  such  person  to  the  ut- 
most sum  they  believe  the  same  to  be  worth  in  cash,  and  on 
the  return  of  said  valuation  they  shall  certify  the  said  refusal 
or  neglect,  and  the  said  Court  shall  assess  such  person  according 
to  the  sum  so  returned,  and  the  same  shall  be  collected  as  the 
assessment. 

1843.  ch.  208,  sec  18.     P.  G.  L.,    (1860)   Art.  81,  sec.  22.     1874,  ch.  483, 

sec.  20.     P.  G.  L.,   (1888)  Art.  81,  sec.  21.    P.  G.  L., 

(1904)   Art.  81,  sec.  21. 

160.  Whenever  any  person  shajl  apply  to  the  said  Court 
for  allowance  or  reduction  on  account  of  the  removal  of  property 
from  the  City  of  Baltimore  to  a  County  or  City,  the  said  Court 
shall  ascertain  of  the  party  applying  to  what  place  within  tlie 
State  the  property  has  been  removed,  and  sliall  inform  the 
proper  authorities  of  the  place  to  which  the  property  is  removed 
of  the  fact  of  such  removal. 

1841,  ch.  23,  sec.  27.     P.  G.  L.,    (1800)    Art.  81,  sec.  24.     1S74, 

ch.  483,  sec.  22.    P.  G.  L.,  (1888)  Art  81,  sec.  23. 

P.  G.  L..    (1904)   Art.  81.  sec.  23. 

161.  The  said  Court  shall  direct  their  clerk  to  enter  and 


142 

record  in  a  book  or  books,  to  be  provided  for  the  purpose,  an 

accurate  and  fair  account  of  all  property  of  every  sort  V7itliin 

the  City  of  Baltimore,  subject  to  taxation,  and  the  valuation 

and  assessment  thereof,  and  an  alphabetical  list  of  the  owners 

thereof,  properly  arranged,  according  to  the  several  wards  of 

the  City  of  Baltimore  and  a  correct  description  and  location 

of  the  said  property  so  valued  and  assessed.     Any  owner  of 

property  shall  at  all  times  be  permitted  to  inspect  the  record 

of  his  own  property  contained  in  said  book. 

O'Neal  V.  Virginia  &  Md.  Bridge  Co.,  18  Md.  24.     Tasker  v.  Garrett 
Co.,  82  Md.  154. 

1844,  ch.  236,  sec.  19.     P.  G.  L.,    (1860)   Art.  81,  sec.  25.     1874, 

ch.  483,  sec.  23.    P.  G.  L.,  (1888)  Art.  81,  sec.  24. 

P.  G.  L.,  (1904)  Art.  81,  sec.  24. 

162.  The  Clerk  of  said  Court  shall  transmit  to  the  State 
Comptroller  annually,  within  thirty  days  after  the  annual  levy 
of  taxes  for  the  State,  a  return  of  the  assessments  of  property 
in  the  City  of  Baltimore,  showing  the  amount  thereof;  and 
for  neglecting  or  refusing  to  perform  this  duty  the  clerk  so  neg- 
lecting or  refusing  shall  be  subject  to  presentment,  and  upon 
conviction  thereof  in  the  Criminal  Court  of  Baltimore  City,  to 
a  penalty  of  one  hundred  dollars,  for  the  use  of  the  State. 

1844,  ch.  236,  sec.  20.     P.  G.  L.,   (1860)  Art.  81,  sec.  26.     1874 

ch.  483,  sec.  24.    P.  G.  L.,  (1888)  Art.  81,  sec.  25. 

P.  G.  L.,   (1904)  Art.  81,  sec.  25. 

163.  The  State's  Attorney  of  the  City  of  Baltimore  shall 
give  information  of  such  neglect  or  refusal  to  discharge  the 
duties  prescribed  in  the  preceding  section  to  the  Grand  Jury 
of  the  city,  upon  being  advised  thereof  by  the  State  Comp- 
troller. 

164.  Kepealed  by  Act  1900,  ch.  4. 

1900.  ch.  347.     1914,  ch.  532. 

164A.  The  Appeal  Tax  Court  of  Baltimore  City  shall  have 
the  power  at  any  time  to  value  and  assess  all  personal  property 
and  to  revise  such  valuations  and  assessments,  and  to  value  and 
assess  and  to  revise  all  valuations  and  assessments  of  real  prop- 
erty in  said  city,  and  to  lower  or  increase  said  assessment  of  real 
or  personal  property,  and  to  take  steps  for  the  discovery  and 
assessment  of  all  unassessed  property  of  every  kind.  And  it 
shall  be  the  duty  of  said  Court,  at  least  once  in  every  five  years, 
to  carefully  make  such  general  revision  of  all  of  the  assessable 


143 

property  in  said  city.  Wlienever  said  Court  shall  propose  to 
alter  or  change  any  assessment,  or  make  any  new  assessment, 
they  shall,  before  such  assessment  is  made,  give  at  least  ten 
days'  notice  thereof,  in  writing,  served  upon  the  owner  of  the 
property  to  be  assessed  or  re-assessed,  or  upon  the  person  in  pos- 
session of  the  property  to  be  assessed,  or  in  whose  custody  the 
same  may  be,  or,  if  it  be  land  and  one  be  in  apparent  occu- 
pancy thereof,  then  by  a  notice  posted  on  said  land.  Said  notice 
shall  contain  such  interrogatories  as  may  be  reasonably  neces- 
sary to  enable  said  Court  to  correctly  assess  the  property.  Said 
interrogatories  shall  be  answered,  signed  and  sworn  to  by  the 
owner  of  the  property,  or  by  the  authorized  agent  of  such  owner, 
having  knowledge  of  the  facts  inquired  for  in  said  interroga- 
tories. Such  affidavit  may  be  made  before  any  Judge  of  the 
Appeal  Tax  Court,  or  any  assessor  thereof,  who  is  hereby  auth- 
orized to  take  the  same,  and  who  shall  take  the  same  without 
charge;  or  such  affidavit  may  be  made  before  any  officer  auth- 
orized by  law  to  take  affidavits.  If  any  person  upon  wdiom  such 
interrogatories  are  served  shall  neglect  or  refuse  to  answer,  sign 
and  make  oath  to  the  same,  personally  or  by  authorized  agent  as 
aforesaid,  within  ten  days  after  service  of  the  same,  the  Appeal 
Tax  Court  shall  proceed  to  assess  the  property  therein  referred 
to,  according  to  law,  upon  their  best  information  and  judgment 
in  the  premises,  and  shall  add  thereto  an  additional  assessment 
of  20%  of  the  amount  of  such  assessment  so  ascertained,  as  a 
penalty  for  such  failure  or  refusal  to  answer  said  interrogatories. 
Said  additional  assessment  may  be  abated,  in  whole  or  in  part, 
by  the  Appeal  Tax  Court,  at  any  time  before  October  first  iu 
any  year,  to  take  effect  for  the  ensuing  year,  upon  the  filing  of 
said  interrogatories  answered,  signed  and  sworn  to  as  above 
provided,  and  the  Court  shall  thereupon  fix  the  assessment  at 
such  figure  as  will  represent  the  proper  valuation  of  such  prop- 
erty. Nothing  herein,  or  done  in  pursuance  hereof,  shall  be 
construed  to  relieve  any  escaped  or  omitted  property  from  being- 
assessed  when  discovered,  as  may  be  provided  by  law.  The  said 
Court,  in  order  to  make  any  valuation,  assessment,  revaluation  or 
reassessment,  shall  have  power  to  summon  before  it  any  person, 
and  to  interrogate  him  or  her  in  reference  to  the  existence,  situ- 
ation, ownership  or  value  of  any  property  liable  to  assessment 
by  said  Court,  or  in  reference  to  the  taxable  residence  of  any 
person,  and  any  person  so  summoned  and  refusing  to  appear, 
and  any  person  refusing  to  be  sworn,  or  to  answer  touching 
said  value,  revaluation  or  assessment,  or  toucliing  his  or  hrr 
property,  or  tou(;hing  any  other  fact  relevant  to  any  inquiry 


144 

before  said  Court,  shall  be  liable  to  prosecution  therefor,  and, 
upon  conviction,  shall  be  fined  not  exceeding  one  hundred  dol- 
lars, to  be  collected  as  other  fines  are  collected. 

As  to  construction  of  provisions  of  Sec.  164A,  see,  Gittings  v.  Balti- 
more City,  95  Md.  425,  427.  Baltimore  City  v.  Johnson,  96  Md.  737. 
Baltimore  City  v.  Poole,  97  Md.  69.  Joesting  v.  Baltimore  City,  97  Md. 
596. 

As  to  rule  laid  down  in  construing  similar  provisions,  see:  Hopkins  v. 
Baker,  78  Md.  363.  Hopkins  v.  Van  Wyck,  80  Md.  7.  Clark  Distilling 
Co.  V.  Cumberland,  95  Md.  468. 

1900,  ch.  347. 

164B.  If  any  clerk,  assessor  or  employee  appointed  by  the 
Appeal  Tax  Court  shall  neglect  to  perform  the  duties  required 
of  him  by  law  or  by  said  Court,  he  shall  be  liable  to  be  dis- 
charged by  said  Court  in  its  discretion ;  and  if  any  such  clei;k, 
assessor  or  employee  shall  receive  any  consideration  or  payment 
designed  or  intended  to  influence  his  conduct  or  act  in  the  per- 
formance or  omission  of  his  duties  as  prescribed  by  law  or  by 
said  Court  as  such  clerk,  assessor  or  employee,  or  shall  corruptly 
do  or  permit  to  be  done  or  omit  to  do  any  act  in  discharge  of 
his  said  duties  he  shall  be  liable  to  immediate  dismissal  by  said 
Appeal  Tax  Court,  and  shall  be  also  liable  to  indictment  there- 
for, and  upon  conviction  shall  be  fined  not  exceeding  five  hun- 
dred dollars  for  each  offense  and  also  to  imprisonment  in  jail 
or  penitentiary  for  not  more  than  one  year,  in  the  discretion 
of  the  Court. 

P.  G.  L..  (1904)  Art.  81.  sec.  9. 

165.  The  Clerks  of  the  several  courts  in  the  City  of  Balti- 
more shall  annually,  on  or  before  the  first  day  of  October, 
transmit  to  the  said  Court  a  list  of  all  the  alienations  of  prop- 
erty, chancery  sales  made  by  trustees  and  finally  ratified,  and 
of  all  judgments  and  decrees  recorded  in  their  respective  offices 
or  rendered  in  their  respective  courts  since  they  last  furnished 
a  list  of  the  same,  which  list  shall  show  the  property  alienated, 
and  the  amount  due  on  the  judgments  or  decrees,  so  as  to  enable 
the  said  Court  to  assess  the  parties  to  whom  the  property  is 
conveyed  or  the  money  due. 

Richardson  v.  Simpson,  82  Md.  162. 

For  decisions  relating  to  taxes  on  property  in  custodia  legis,  and  in 
cases  of  sales  of  property  under  decrees,  see,  Fulton  v.  Nicholson,  7 
Md.  107.  Mayor,  etc.  v.  Sterling,  29  Md.  48.  Tuck  v.  Calvert,  33  Md. 
224.  Gould  V.  Baltimore,  58  Md.  52.  Hebb  v.  Moore,  66  Md.  170.  Degner 
V.  Baltimore,  74  Md.  144.  Casualty  Insurance  Go's,  case,  82  Md.  565. 
Cherbonnier  v.  Bussey,  92  Md.  420  et  seq. 


145 

1S41,  ch.  23,  sec.  38.    P.  G.  L.,  (1860)  Art.  81,  sec.  13.    1874,  ch.  483, 

sec.  11.    P.  G.  L.,  (1888)  Art.  81,  sec.  12.    P.  G.  L., 

(1904)   Art.  81,  sec.  13. 

166.  Xo  person  shall  be  chargeable  with  the  assessment  of 
property  which  he  may  have  alienated,  but  the  same  shall  be 
chargeable  to  the  alienee ;  and  the  said  Court  shall,  from  time 
to  time,  correct  the  account  of  any  person  who  may  have  parted 
with  the  possession  of  any  property,  and  the  same  so  taken  off 
shall  be  charged  to  the  person  who  may  have  acquired  posses- 
sion of  the  property,  unless  the  same  shall  have  been  removed 
from  the  city. 

Co.  Commrs.  v.  Clagett,  31  Md.  210.     Parlett  v.  Dugau,  85  Md.  413. 

1841,  ch.  23,  sec.  37.     P.  G.  L.,    (1860)   Art.  81,  sec.  14.     1874,  ch.  483, 

sec.  12.     P.  G.  L.,  (18SS)  Art.  81,  sec.  13.    P.  G.  L., 

(1904)  Art.  81.  sec,  14.     1914,  ch.  532. 

167.  The  said  Court  is  directed  to  alter  and  correct  the 
account  of  any  person  who  may  have  disposed  of  or  acquired 
any  property  since  the  last  assessment,  or  whose  property,  or 
any  part  thereof,  may  have  been  omitted,  if  the  report  of  such 
disposition,  acquisition  or  omission  be  supplied  by  satisfactory 
evidence;  and  if  real  estate  or  other  property  shall,  from  any 
cause,  have  increased  or  decreased  in  value  since  the  last  as- 
sessment, the  said  Court  shall  correct  and  alter  the  assessment 
of  the  same,  so  as  to  conform  to  its  present  value,  provided  that 
any  party  desiring  to  apply  to  the  Appeal  Tax  Court  for  a  re- 
valuation of  any  real  or  personal  property,  shall  make  such 
application  before  the  first  day  of  September,  in  order  to  be 
acted  on  so  as  to  take  effect  for  the  ensuing  year.  The  Appeal 
Tax  Court  shall  not  receive  or  act  upon  any  such  application 
made  after  the  first  day  of  September  in  any  year,  so  as  to 
affect  the  assessment  for  the  ensuing  year. 

Alleghany  Co.  v.  N.  Y.  Mining  Co.,  76  Md.  549.    Hopkins  v.  Van  Wyck, 
80  Md.  7.    B.  C.  &  A.  Ry.  Co.  v.  Wicomico  Co.,  93  Md.  113. 

1847,  ch.  266,  sec.  13.     P.  G.  L.,    (1860)   Art.  81,  sec.  10.     1874,  ch.  483, 

sec.  8.     P.  G.  L.,   (1888)   Art.  81,  sec.  9.     P.  G.  L., 

(1904)  Art.  81,  sec.  10. 

168.  The  Register  of  Wills  of  Baltimore  City  shall  iiiiimally, 
on  or  before  the  first  day  of  October,  return  to  the  said  Court 
a  summary  account  of  all  property  that  shall  appear  by  the 
records  of  the  Orphans'  Court  of  Baltimore  City  to  be  in  the 
hands  of  each  executor,  administrator,  or  guardian  as  such; 
and  all  such  property,  if  not  before  assessed,  shall  then  be  as- 
sessed, and  every  executor,  administrator  or  guardian  shall  be 


146 

liable  to  pay  the  taxes  levied  thereon,  and  shall  be  allowed  there- 
for by  the  Orphans'  Court  in  his  accounts,  and  the  said  Regis- 
ter of  Wills,  for  the  duties  imposed  by  this  section,  shall  be 
allowed  such  compensation  as  the  said  Anpeal  Tax  Court  may 
deem  proper.  Should  the  clerk  or  Register  fail  to  perform  the 
duties  imposed  by  this  section,  he  shall  be  guilty  of  a  misde- 
meanor, and  shall  be  liable  to  indictment,  and  on  conviction 
shall  be  fined  not  exceeding  one  hundred  dollars. 

Bonaparte  v.  State,  63  Md.  473.  Hopkins  v.  Van  Wyck,  80  Md.  14. 
Baldwin  v.  Washington  Co.,  85  Md.  156.     Baldwin  v.  State  use  of  Hull, 

89  Md.  590.    Nicodemus  v.  Hall,  93  Md.  367. 

Liability  of  executors  does  not  extend  to  payment  of  taxes  becoming 
due  after  the  settlement  and  distribution  of  the  estate,  although  the 
annual  valuation  and  assessment  upon  such  property,  as  well  as  the 
levy  thereon,  may  have  been  made  prior  to  such  settlement  and  distri- 
bution of  the  estate. 

Bamberger  v.  Baltimore,  125  Md.  * 

1847,  ch.  266,  sec.  14.     P.  G.  L.,   (1860)   Art.  81,  sec.  11.     1874,  ch.  483, 

sec.  9.     P.  G.  L.,   (1888)  Art.  81,  sec.  10.     P.  G.  L., 

(1904)  Art.  81,  sec.  11. 

169.  In  all  cases  where  discoveries  of  assessable  property 
are  made  by  the  said  Appeal  Tax  Court,  either  from  the  re- 
turns of  clerks,  registers  or  assessors,  or  in  any  other  way,  the 
said  Court  shall  assess  the  same,  and  add  the  same  to  the  amount 
on  which  taxes  are  to  be  levied. 

Hopkins  v.  Van  Wyck,  80  Md.  14.  Tasker  v.  Garrett  Co.,  82  Md.  153. 
Baldwin  v.  Wash.  Co.,  85  Md.  156.     Monticello,  etc.,  v.  Baltimore  City, 

90  Md.  429.     B.,  C.  &  A.  R.  R.  v.  Wicomico  Co.,  93  Md.  123. 

1896,  ch.  322.     P.   G.  L.,    (1888)    Art.  81,  sec.   18a.     P.   G.  L.,    (1904) 

Art.  81,  sec.  17.    1908,  ch.  167. 

170.  Any  person  or  persons,  or  corporation,  assessed  for 
real  or  personal  property  in  the  City  of  Baltimore  and  claiming 
to  be  aggrieved  because  of  any  assessment,  or  classification  made 
by  the  said  Court,  or  because  of  its  failure  to  reduce  or  abate, 
modify,  change  or  alter  any  existing  assessnient  or  classifica- 
tion may,  by  petition,  appeal  to  the  Baltimore  City  Court  to 
review  the  assessment  or  classification.  The  ]\Iayor  and  City 
Council  of  Baltimore  may  also  appeal  from  any  decision  of  said 
Court  to  the  Baltimore  City  Court  if  it  deem  the  public  interests 
require  that  the  decision  of  said  Court  should  be  reviewed.  The 
petition  in  such  appeal,  other  than  the  petition  of  the  city, 
shall  set  forth  that  the  assessment  or  classification  is  illegal, 
specifying  the  grounds  of  the  alleged  illegality,  or  is  erroneous 
by  reason  of  overvaluation,  or  other  error;  or  that  the  assess- 


147 

ment  is  unequal  in  that  the  said  assessment  has  been  made  by 
a  higher  proportion  of  valuation  than  other  real  or  personal 
property  on  the  same  tax  roll,  by  the  same  officers ;  and  that 
the  petitioner  is,  or  will  be  injured  by  such  alleged  illegality, 
inequality  or  erroneous  assessment  or  classification.  The  peti- 
tion of  the  Mayor  and  City  Council  of  Baltimore  shall  set  forth 
wherein  the  decision  of  said  Court  is  erroneous  and  such  other 
facts  as  may  be  necessary  to  inform  the  Baltimore  City  Court 
of  the  claim  of  the  city.  A  summons  shall  issue  for  the  re- 
spondent or  respondents  named  in  the  petition  of  the  city 
returnable  on  such  a  day  as  the  Baltimore  City  Court  may 
appoint  for  a  hearing  of  the  matter  averred  in  such  petition. 
All  such  appeals  shall  be  taken  within  thirty  days  after  an 
assessment,  or  classification,  has  been  made  as  aforesaid,  or 
within  thirty  days  after  the  refusal  to  reduce  or  abate,  modify, 
alter  or  change  an  existing  assessment,  or  classification,  or 
within  thirty  days  after  the  action  of  said  Court  complained  of 
by  the  city.  On  such  appeals  the  Baltimore  City  Court  shall 
appoint  a  day  for  hearing  said  appeals,  which  shall  not  be  less 
than  five  nor  more  than  thirty  days  after  the  expiration  of  the 
thirty  days'  limit  for  taking  appeals  as  aforesaid ;  and  shall 
direct  the  clerk  of  the  said  Baltimore  City  Court  to  issue  a 
subpoena  duces  tecum  to  the  judges  of  said  Appeal  Tax  Court, 
requiring  them  to  produce  and  deliver  to  said  Baltimore  City 
Court  the  record  of  the  proceedings  of  the  said  Appeal  Tax 
Court,  and  all  maps,  plats,  documents  and  other  papers  con- 
nected with  the  said  record ;  the  said  Baltimore  City  Court 
shall  have  full  power  to  hear  and  fully  examine  the  subject 
and  decide  on  said  appeals,  and  for  that  purpose  it  is  hereby 
authorized  and  empowered  to  adjourn  from  time  to  time,  and 
may  cause  all  or  any  of  such  appeals  to  be  consolidated,  or  may 
hear  and  decide  them  separately,  and  may  require  the  said 
judges  of  the  Appeal  Tax  Court,  their  clerks,  surveyors  or  other 
agents  and  servants,  or  any  of  them,  and  all  such  other  persons 
as  the  Baltimore  City  Court  may  deem  necessary  to  attend, 
and  examine  tliem  on  oath  or  affirmation;  and  may  permit  and 
require  all  such  explanation,  amendments  and  additions  to  be 
made  to  and  of  the  proceedings  as  the  Court  shall  deem  requi- 
site. The  person  or  the  city  appealing  to  the  said  Baltimore 
City  Court  shall  have  a  trial  before  the  Court  without  the 
intervention  of  a  jury,  and  the  Court,  sitting  without  a  jury, 
shall  hoar  the  case  do  novo,  and  shall  iisccrtain  and  dccich^  on 
the  j)ropor  assessment,  or  classification,  of  the  property  for  the 
year  involved  in  the  appeal ;  and  neither  the  action,  nor  the 


148 

record  of  the  proceedings,  of  the  judges  of  the  Appeal  Tax 
Court  in  the  premises  shall  be  held  to  be,  or  declared  void  for 
any  reason  whatsoever;  provided  due  notice  of  the  proceedings 
shall  have  been  given  to  the  parties  entitled  by  said  judges  of 
the  said  Appeal  Tax  Court ;  and  the  said  Baltimore  City  Court 
shall  assess  anew,  or  classify  anew,  as  the  case  may  be,  the 
property  forming  the  subject  of  the  appeal ;  provided,  however, 
that  in  the  absence  of  any  affirmative  evidence  to  the  contrary, 
the  assessment  or  classification  apealed  from  shall  be  affirmed. 
The  said  City  Court  shall  cause  the  proceedings  and  decisions 
on  said  appeals  to  be  entered  in  the  book  containing  the  record 
of  proceedings  of  the  said  Baltimore  City  Court,  certilied  by  the 
clerk  under  the  seal  of  the  Baltimore  City  Court,  and  the 
book  to  be  transmitted  to  the  judges  of  the  said  Appeal  Tax 
Court,  which  shall  be  final  and  conclusive  in  every  respect,  un- 
less an  appeal  be  taken  to  the  Court  of  Appeals.  Such  record 
book  or  Copy  of  the  proceedings  therein,  or  any  part  of  such 
proceedings,  whether  in  or  out  of  court,  certified  by  the  judges 
of  the  said  Appeal  Tax  Court,  under  seal  of  said  city,  shall 
be  evidence  in  any  court  in  this  State,  and  the  judge  of  said 
Baltimore  City  Court  shall  have  full  power,  in  his  discretion, 
to  require  the  cost  of  any  appeal  or  any  part  thereof  to  be 
paid  by  all  or  any  of  the  appellants  or  by  the  city,  as  the  cir- 
cumstances of  each  appeal,  in  his  opinion,  shall  justify.  In  no 
case  shall  any  such  appeal  stay  or  suspend  the  power  or  duty 
of  the  city  to  levy  or  collect  taxes  upon  the  property  involved 
in  said  appeal,  but  such  levy  and  collection  shall  proceed  in  all 
respects  as  if  no  appeal  had  been  taken.  If  a  final  judgment 
shall  not  be  given  in  time  to  enable  the  assessors,  judges  of  the 
Appeal  Tax  Court,  or  other  officers  to  make  a  new  or  correct 
statement  of  the  assessment,  or  classification,  for  the  use  of 
the  proper  authorities  in  levying  taxes,  and  if  it  shall  appear 
from  such  judgment  that  said  assessment  was  unequal  or  said 
assessment  or  classification  was  illegal  or  erroneous,  then  there 
shall  be  audited,  allowed  and  paid  to  the  petitioner  by  the 
Comptroller  the  amount,  with  interest  thereon  from  the  date  of 
the  pa;)anent,  in  excess  of  what  the  tax  should  have  been,  as  de- 
termined by  said  judgment,  or  order  of  the  Baltimore  City 
Court,  and  if  on  appeal  by  the  city,  the  Baltimore  City  Court 
should  decide  that  the  valuation  and  assessment  was  lowei- 
than  it  should  have  been,  or  that  the  classification  was  erroneous 
and  at  a  lower  rate  than  it  should  have  been,  or  that  the  property 
should  be  assessed  or  classified,  the  Baltimore  City  Court  shall 
ascertain  and  fix  the  valuation  and  assessment,  or  classification, 


149 

of  said  property,  then  the  Comptroller  shall  audit  and  charge 
the  respondent  or  respondents  with  the  difference  in  said  valua- 
tion, assessment  or  classification,  as  fixed  by  the  Baltimore  City 
Court  and  that  fixed  by  the  iVppeal  Tax  Court,  which  amount 
of  difference  shall  be  a  lien  on  the  property  involved  in  the  pro- 
ceedings. An  appeal  may  be  taken  to  the  Court  of  Appeals  by 
either  the  petitioner  or  petitioners,  or  the  city,  within  ten  days 
after  the  rendition  of  said  judgTaent  or  order  by  the  Baltimore 
City  Court,  and  the  record  shall  be  immediately  transmitted 
to  the  Court  of  Appeals,  which  Court  shall  immediately  hear 
and  determine  the  questions  involved  in  said  appeal. 

Monticello  Co.  v.  Mayor,  90  Md.  416,  432.  Fowble  v.  Kemp,  92  Md. 
633.  Baltimore  City  v.  Bonaparte,  93  Md.  156.  United  Rys.  &  Elec. 
Co.  V.  Baltimore  City.  93  Md.  631.  Baltimore  City  v.  Austin,  95  Md. 
90.  Gittings  v.  Baltimore,  95  Md.  419.  Baltimore  City  v.  Poole  &  Son, 
97  Md.  69.  Joesting  v.  Baltimore  City,  97  Md.  595.  Consol.  Gas  Co.  v. 
Balto.  City.,  101  Md.  541.     Wilkens  Co.  v.  M.  &  C.  C,  103  Md.  293. 

Ahatement  of  Taxes.  The  remedy  for  refusal  to  abate  an  assessment 
of  taxes  is  an  appeal  to  the  Baltimore  City  Court  under  section  170  of 
the  City  Charter  and  mandamus  will  not  lie  to  compel  abatement  by 
the  Appeal  Tax  Court.  Hoffman  v.  Sams,  Daily  Record,  January  10, 
1905. 

Easements  of  Public  Service  Corporations  in  streets  assessable  for 
taxation.  ^^^  Company  v.  City,  105  Md.,  43. 

Taxation — classification  and  assessment  of  property — notice — remedial 
statute  liberally  construed ;  "due  notice  if  notice  left  at  house  taxed." 
Wannenwetsch    v.    Baltimore,    115    Md.   446. 

Upon  appeal  to  Court  of  Appeals  under  this  section,  only  questions  of 
law  can  be  passed  on  by  the  Court  of  Appeals.  Hamburger  v.  City,  106 
Md.  481. 

But  where  classification  void  Equity  may  enjoin. 

City  V.  Gail,  106  Md.  684.  Le.ser  v.  Wagner,  119  Md.  671.  Balto.  v. 
Schaefer,  107  Md.  40. 

On  appeal  to  City  Court  from  assessment  made  of  property  for  tax- 
ation, the  pi'osumption  is  that  the  a.ssessment  is  correct,  and  the  duty  of 
opening  the  case  on  appeal  rests  on  the  property  owner.  Evidence 
admissible  to  prove  assessment. 

M.  &  C.  C.  V.  Clarence  H.  Hurlock,  Executor,  113  Md.  674. 

1900,  ch.  399. 

170a.  If  the  Mayor  and  City  Council  of  Baltimore  claim 
to  be  aggrieved  by  any  decision  of  the  State  Tax  Commissioner 
upon  any  valuation  and  assessment,  the  said  Mayor  and  City 
Council  of  Baltimore  may  appeal  from  said  decision  to  the 
Comptroller  of  the  Treasury  and  State  Treasurer.  If  no 
such  appeal  be  taken  within  thirty  days  from  any  decision  of 
the  Tax  Commissioner,  the  said  valuation  and  assessment  shall 
be  final;  ])nt   if  sn<'h   appeal   sliiill   be  taken   witliin   tliirty   dnys 


150 

from  any  decision,  there  shall  be  stated  in  such  appeal  the  rea- 
sons and  grounds  of  such  appeal;  and  said  Comptroller  and 
Treasurer  shall  consider  the  same,  and  if  the  Comptroller  and 
Treasurer  shall  both  be  of  the  opinion  that  such  valuation  and 
assessment  so  made  by  the  State  Tax  Commissioner  is  erroneous, 
and  ought  to  be  changed,  they  shall  change  the  same  accordingly, 
and  the  valuation  and  assessment  so  agreed  upon  by  the  Comp- 
troller and  Treasurer  shall  be  final ;  but  if  either  the  Comptroller 
or  Treasurer  shall  agree  with  the  State  Tax  Commissioner  as 
to  the  correctness  of  the  valuation  so  made  by  him,  then  such 
appeal  shall  be  dismissed,  and  the  original  valuation  shall  be 
and  remain  as  the  true  valuation. 

Monticello  v.  Baltimore,  90  Md.  416.     Fowble  v.  Kemp,  92  Md.  633. 

1914,  ch.  532. 

171.  In  the  year  eighteen  hundred  and  ninety-eight,  and 
in  all  succeeding  years  thereafter,  the  valuation  of  the  property 
subject  to  taxation  in  the  City  of  Baltimore,  as  it  shall  appear 
upon  the  assessment  books  of  said  Court  on  the  first  day  of 
October  in  each  and  every  year,  shall  be  final  and  conclusive, 
and  constitute  the  basis  upon  which  taxes  for  the  next  ensuing 
fiscal  year  shall  be  assessed  and  levied;  provided  that  the 
foregoing  provision  shall  not  apply  to  property  in  the  city 
liable  to  taxation,  and  which  may  have  escaped  or  which  may 
have  been  omitted  in  the  regular  course  of  valuation,  but  such 
property  shall  be  valued  and  assessed  and  the  owner  or  owners 
thereof  charged  with  current  taxes  and  back  taxes,  not  exceeding 
four  years,  justly  due  thereon,  whenever  the  same  may  be  dis- 
covered and  placed  upon  the  assessment  books ;  and  the  annual 
levy  for  each  and  every  year  shall  be  deemed  and  taken  to  have 
covered  and  embraced  all  property  which  was  not  assessed,  but 
which  ought  to  have  been  assessed,  for  the  year  for  which 
any  such  levy  was  made.  The  said  Court  shall,  on  the  first  day 
of  October,  or  as  soon  thereafter  as  practicable,  in  the  year 
nineteen  hundred  and  fourteen,  and  in  all  succeeding  years 
thereafter,  make  out  and  deliver  to  the  City  Collector  a  state- 
ment showing  the  valuation  and  assessment  of  all  the  property 
subject  to  taxation  in  said  city,  as  it  shall  appear  upon  the 
assessment  books  of  said  Court  on  said  first  day  of  October; 
such  statement  shall  contain  a  full  list  of  all  the  real  estate 
as  the  same  has  been  valued  and  assessed  by  blocks,  correspond- 
ing so  far  as  may  be  practicable  with  the  block  numbers  used 
in  the  Record  Ofiice  of  the  Superior  Court  of  Baltimore  City, 
with  the  location  and  description  of  such  piece  or  parcel  of 
ground    so    assessed    and    valued,    and    also   shall    contain    an 


151 

alphabetical  list  of  all  persons  to  whom  personal  property  has 
been  assessed.  The  said  statement  shall  be  known  as  the  taxable 
basis  for  the  next  ensuing  tiscal  year,  and  after  the  levy  of  taxes 
it  shall  be  designated  as  the  tax  roll  for  said  year.  Further,  the 
said  Appeal  Tax  Court  shall  submit  to  the  Board  of  Estimates 
on  the  first  day  of  October,  or  as  soon  thereafter  as  practicable, 
a  statement  of  the  total  valuation  of  the  respective  classes  of 
property  as  shown  on  the  annual  roll  submitted  by  the  Appeal 
Tax  Court  of  Baltimore  to  the  City  Collector.  The  said  Court 
shall  perform  such  other  duties  as  may  be  prescribed  by  law  or 
ordinances  not  inconsistent  with  this  Article. 

Skinner  Dry  Dock  Co.  v.  Baltimore,  96  Mel.  37-41.  Cochran  v.  Car- 
stairs,  95  Md.  509.    Baltimore  City  v.  Jenkins,  96  Md.  193. 

Sha7-es  of  Stock  in  domestic  corporations  are  not  "property"  under 
ttie  terms  of  section  171  of  the  City  Charter,  "which  when  discovered 
is  to  be  valued  and  assessed  by  the  Appeal  Tax  Court  and  the  owner  or 
owners  thereof  charged  with  back  and  current  taxes."  Balto.  Chrome 
Works  V.  Mayor  &  C.  C.  of  Balto.,  Daily  Record,  April  19.  1904. 

Compare  this  section  with  sec.  5,  Art.  50,  City  Code  (1893)  ;  See  dicta 
in  Hopkins  v.  Van  Wyck,  SO  Md.  15,  construing  same. 

Liability  of  executors  does  not  extend  to  payment  of  taxes  becoming 
due  after  the  settlement  and  distribution  of  the  estate,  although  the 
annual  valuation  and  assessment  upon  such  property,  as  well  as  the 
levy  thereon,  may  have  been  made  prior  to  such  settlement  and  distri- 
bution of  the  estate. 

Bamberger  v.  Baltimore,  125  Md. 

COMMISSIONERS  FOR  OPENING  STREETS. 

1912,   ch.   32. 

172.  The  Commissioners  for  Opening  Streets  shall  be  the 
second  sub-department  of  review  and  assessment,  and  the  head  of 
this  sub-department  shall  be  a  board  composed  of  three;  persons, 
appointed  by  the  Mayor  in  the  manner  prescribed  in  section 
25  of  this  Article,  and  removable  as  therein  provided.  One  of 
their  number  shall  be  president,  and  shall  be  so  designated 
when  appointed  by  the  Mayor.  Their  term  of  office  shall  be 
for  three  years,  one  commissioner  to  retire  every  year;  except 
that  the  commissioners  first  appointed  shall  determine  by  lot 
their  terms  of  ofi^ice,  so  as  to  provide  for  the  termination  of 
the  term  of  one  commissioner  each  at  the  end  of  the  first  and 
second  years.  The  said  commissioners  sliall  receive  a  salary 
of  one  thousand,  ciglit  Iiiiiidrod  dollars  each  per  annum,  paya- 
ble monthly.  The  said  commissioners  shall  be  charged  with 
tlif  dnty  of  o|)(']iing,  extending,  widening,  straightening,  and 
if  the  ordinance  so  provides,  grading  or  rlosing  any  street,  lane, 
alley   or   part   thereof,    situated    in    lialtiinore    City   whenever 


152 

the  same  shall  have  been  directed  by  ordinance  to  be  done,  and 
shall  perform  such  other  duties  as  the  Mayor  and  City  Council 
of  Baltimore,  may,  by  ordinance  prescribe.  The  said  Com- 
missioners shall  appoint  a  clerk,  who  shall  be  paid  a  salary  of 
one  thousand,  five  hundred  dollars  per  annum,  payable  monthly, 
and  shall  perform  such  duties  as  the  Commissioners  may  pre- 
scribe. The  said  Commissioners  may  also  appoint  such  other 
employees  as  the  Mayor  and  City  Council  of  Baltimore  by  ordi- 
nance may  direct,  and  fix  their  compensation,  not  to  exceed 
in  the  aggregate  the  amount  appropriated  by  ordinance. 
McClellan  v.  Marine,  98  Md.  53. 
Sections  172  to  195,  inclusive,  under  this  sub-title,  are  embodied  from 
the  City  Code  of  1893,  Art.  48,  sees.  1  to  27,  inclusive,  with  slight  modi- 
fications. 

173.  The  Clerk  of  said  Commissioners  shall  keep  a  record 
of  their  proceedings  in  a  book  provided  for  the  purpose,  and  in 
such  form  as  the  City  Solicitor  may  prescribe;  and  the  said 
Clerk  shall  record  in  said  book  all  orders  made  by  the  Com- 
missioners in  regard  to  the  performance  of  their  duties,  and 
make  true  copies  of  all  notices  by  them  directed  to  be  pub- 
lished, and  of  the  certificate  of  the  publication  thereof,  and  shall 
perform  such  other  clerical  duties  as  the  said  Commissioners 
shall  require. 

1912,  eh.  32. 

174.  When  the  said  Commissioners  shall  assess  a  sum  of 

money  to  be  paid  by  any  person  or  persons,  for  benefits  derived 

by  such  person  or  persons  from  opening,  extending,  widening, 

straightening,  grading,  curbing  or  closing  any  street,  lane  or 

alley,  or  part  thereof,  and  shall  assess  a  sum  of  money  to  be 

paid  to  the  same  person  or  persons  for  damages  sustained  by 

said  opening,  extending,  widening,  straightening  or  closing,  it 

shall  and  may  be  lawful  upon  a  certificate  of  title  from  the 

City  Solicitor,  for  the  City  Register  or  City  Collector  to  receive 

from  such  person  or  persons  an  assignment  for  the  sum  or  sums 

so  assessed  as  damages  aforesaid. 

As  to  rule  in  assessing  damages  and  benefits,  see,  M.  &  C.  C.  of  Ballo. 
V.  Smith,  80  Md.  458. 

1912,  eh.  32. 

175.  Whenever  the  Mayor  and  City  Council  shall  hereafter 
by  ordinance  direct  the  Commissioners  for  Opening  Streets 
to  lay  out,  open,  extend,  widen,  straighten,  grade  or  close  up, 
in  whole  or  in  part,  any  street,  square,  lane,  or  alley,  within 


153 

the  bounds  of  this  city,  the  said  Commissioners,  having  given 
the  notice  required  by  law  of  their  first  meeting  to  execute  the 
same,  shall  meet  at  the  time  and  place  mentioned  in  said  notice, 
and  from  time  to  time  thereafter,  as  may  be  necessary,  to  ex- 
ercise the  powers  and  perform  the  duties  required  of  them  by 
said  ordinance,  and  shall  ascertain  whether  any  and  what 
amount  of  value  in  damages  will  be  caused  to  the  owner  of  any 
right  or  interest  in  any  ground  or  improvements  within  or 
adjacent  to  the  City  of  Baltimore  by  such  opening,  extending, 
widening,  straightening  or  closing  for  which,  taking  into  con- 
sideration all  advantages  and  disadvantages,  such  o\vner  ought 
to  be  compensated;  and  the  said  Commissioners  having  ascer- 
tained the  whole  amount  of  damages  for  which  compensation 
ought  to  be  awarded,  as  aforesaid,  and  having  added  thereto  an 
estimate  of  the  probable  amount  of  expenses  which  will  be  in- 
curred by  them  in  the  performance  of  the  duties  required  of 
them  as  aforesaid,  in  which  they  may  include  a  sum  sufficient 
in  their  judgment  to  cover  the  expenses  and  contingencies  of 
litigation,  and  administration  expenses ,  shall  proceed  to  assess 
all  the  ground  and  improvements  within  and  adjacent  to  the 
city,  the  o^\Tiers  of  which,  as  such,  the  said  commissioners  shall 
decide  and  deem  to  be  directly  benefited  by  accomplishing  the 
object  authorized  in  the  ordinance  aforesaid ;  and  should  the 
direct  benefits,  assessed  as  aforesaid,  not  be  equal  to  the  damages 
and  expenses  incurred,  the  balance  of  said  expenses  and  damages 
shall  be  paid  by  the  City  Register,  and  provided  for  in  the  gen- 
eral levy,  or  out  of  funds  derived  from  loans,  if  properly  appli- 
cable thereto. 

Alexander  v.  Mayor,  5  Gill  383.  Moale  v.  Mayor,  5  Md.  314,  Hawley 
V.  Mayor,  33  Md,  270.  Page  v.  Mayor,  34  Md.  558,  N,  C,  Ry.  Co.  v. 
Mayor,  46  Md.  428,  Brooks  v.  Mayor,  48  Md,  265,  Central  Savings 
Bank  v,  Baltimore,  71  Md.  520-522.  Baltimore  v.  Rice,  73  Md,  307, 
Pitts  V,  Baltimore,  73  Md,  338,  Friedenwald  v.  Baltimore,  74  Md,  116, 
Burke  v.  Baltimore,  77  Md,  469,  M.  &  C,  C,  of  Baltimore  v.  Smith.  SO 
Md.  458.  Shanfelter  v,  M,  &  C.  C,  of  Baltimore,  SO  Md,  491,  Gluck  v, 
M.  &  C.  C,  of  Baltimore,  81  Md,  315.  Baltimore  City  v.  Fear,  82  Md, 
2.')4.  Baltimore  v.  Coates,  85  Md.  531.  Gardiner  v,  Baltimore  City,  96 
Md,  361,    B,.&  O,  R,  R,  Co,  v,  Baltimore  City,  98  Md,  535, 

Damages  from  change  of  grade  may  be  considered  when  part  of  lot 
is  being  taken, 

Baltimore  v,  Garrett,  120  Md,  608, 

Destruction  of  access  amounts  to  a  taking. 

Walters  v.  B.  &  O.,  120  Md.  644. 

But  merely  making  the  access  inconvenient  does  not  amount  to  a 
taking. 

P..  &  O.  V.  Kane,  124  Md.  231.  P..  &  O.  v.  Kabl.  124  Md.  200.  Balti- 
more V.  Bregenzer,  125  Md.  7S. 

Rule  as  to  damagos  and  benefits. 


154 

Baltimore  v.  Megary,  122  Md.  20.     (See  Section  175A). 

City  not  liable  for  consequential  damages  to  property  not  abutting  on 
the  part  of  the  street  closed.     Certain  rules  for  determining  damages. 
Ger.  Luth.  Church  v.  Baltimore,  123  Md.  142. 

The  words  "such  owner  ought  to  be  compensated"  construed  to  mean 
"such  as  he  ought  to  be  compensated  for  under  the  established  rules  of 
law  and  practice." 

Ger.  Luth.  Church  v.  Baltimore,  12.S  Md.  149. 

When  land  is  condemned  for  the  bed  of  a  public  street,  the  grade 
thereof  should  be  first  established. 

Baltimore  v.  Johnson,  123  Md.  320. 

Benefits  cannot  lawfully  be  assessed  against  abutting  property  until 
the  grade  of  the  proposed  street  has  been  first  established. 
Patterson  v.  Baltimore,  124  Md.  153. 

The  rule  that  damages  are  not  ordinarily  recoverable  for  injury  to 
adjacent  lands  caused  by  a  lawfiil  change  in  the  grade  of  a  public 
highway  is  confined  to  cases  in  which  no  part  of  the  abutting  property 
is  taken  for  that  purpose.  Where  the  grade  is  established  for  the  first 
time  on  opening  the  street,  the  cost  and  expense  of  making  the  abutting 
land  conform  to  the  use  of  the  street  should  be  considered  in  deter- 
mining the  extent  that  such  abutting  lands  are  benefited  by  the  opening. 
Baltimore  v.  Johnson.  123  Md.  320. 

The  measure  of  damages  is  the  market  value  of  the  land  actually  to 
be  taken,  and  a  due  allowance  of  damages  for  injury  to  the  remaining 
land. 

Patterson  v.  Baltimore,  124  Md.  153. 

In  determining  whether  property  will  be  benefited  by  a  street  which 
is  to  be  opened,  account  must  be  had  of  the  cost  of  putting  the  property 
in  condition  to  render  it  useful  after  the  street  is  actually  opened. 

P.  B.  &  W.  Railroad  v.  M.  &  C.  O.  of  Balto.,  124  Md.  635.  See.  also, 
Balto.  V.  Canton  Co.,  124  Md.  620. 

The  City  has  no  power  to  assess  benefits  which  materially  amount 
to  more  than  the  aggregate  of  damages  and  expenses.  The  Commis- 
sioners for  Opening  Streets  may  make  a  proportionate  reduction,  or 
the  City  Court  can  do  so  on  appeal. 

Maryland  Trust  Co.  v.  Baltimore,  125  Md.  40. 

Mere  inconvenience  of  access,  or  mere  dimunition  of  light  and  air  to 
property   does   not   constitute   a   "taking"   within   the  meaning   of  the 
Constitution.     Such  injury  to  come  within  the  constitutional  provision 
must  be  such  as  to  amount  to  their  substantial  destruction. 
Baltimore  v.  Bregenzer,  125  Md.  78. 

Condemnation  of  Land  for  Water  Supply. — Adaptability  of  Land  for 
Reservoir  Purposes.^ — Just  Compensation  Includes  the  Value  of  the 
Ground  and  Due  Allowance  for  Consequential  Damages.---The  Market 
Value  of  Land  is  to  be  Estimated  in  Reference  to  the  Uses  and  Pur- 
poses to  which  it  is  Adapted. 

Brack  v.  Baltimore,  125  Md.  — . 

1914,  ch.  125. 

175A.  In  any  ordinance  providing  for  opening,  widening, 
extending,  straightening  or  closing  any  public  highway,  the 
Mayor  and  City  Council  may  provide  that  the  Commissioners 


155 

for  Opening  Streets  shall  assess  upon  the  property  benefited 
thereby  the  entire  cost  of  such  opening,  widening,  extending, 
straightening  or  closing,  including  the  damages  paid  for  any 
property  taken  therefor  and  the  expenses  of  the  said  Com- 
missioners and  Court  expenses,  if  any ;  the  property  so  benefited 
may  be  specified  in  the  ordinance  or  left  to  be  determined  by  the 
Commissioners.  In  the  event  of  the  passage  of  such  ordinance, 
the  Commissioners  for  Opening  Streets  in  carrying  out  the 
same  shall  apportion  the  entire  expense  of  such  opening,  widen- 
ing, extending,  straightening  or  closing  among  the  various 
properties  benefited  thereby.  !Nothing  herein  shall  prevent  any 
property  owner  from  showing  on  appeal  the  amount  he  is 
actually  benefited. 

1914,  ch.  125. 

175B.  The  first  meeting  of  the  Commissioners  to  execute 
any  ordinance  to  open,  extend,  widen,  straighten  or  close,  in 
whole  or  in  part,  any  street,  square,  lane  or  alley  shall  be 
held  within  four  months  after  the  passage  of  this  Act,  as  to  all 
such  ordinances  heretofore  passed  and  remaining  wholly  un- 
executed, and  as  to  any  ordinance  hereafter  passed  within  three 
months  after  the  passage  of  such  ordinance,  unless  within  that 
time  an  ordinance  shall  be  introduced  to  repeal  the  same.  It 
shall  be  the  duty  of  said  Commissioners  to  proceed  diligently 
thereafter  in  the  further  execution  of  such  ordinance.  On  or 
about  the  first  of  January,  in  every  year,  the  said  Commis- 
sioners shall  make  a  report  to  the  Mayor,  and  transmit  a  copy 
thereof  to  the  City  Council,  showing  the  status  of  their  proceed- 
ings under  every  such  ordinance  which  shall  have  been  passed 
and  shall  not  have  been  fully  executed.  Instead  of  waiting 
until  the  benefits  are  collected,  before  paying  the  damages 
and  proceeding  with  said  opening,  extending,  widening, 
straightening  or  closing,  the  Mayor  and  City  Council  of  Balti- 
more may,  in  its  discretion,  in  the  annual  Ordinance  of  Esti- 
mates, set  aside  a  sum  from  the  general  levy  or  from  any 
other  funds  properly  applicable  thereto,  to  be  used,  in  the  dis- 
cretion of  the  said  Commissioners,  with  the  approval  of  the 
Board  of  Estimates,  in  paying  the  damages  awarded  in  any 
such  proceeding  in  advance  of  the  collection  of  the  benefits 
assessed  in  said  proceeding.  In  the  event  of  such  advance  pay- 
ments, the  benefits  when  collected  shall  be  credited  to  the  fund 
from  which  such  payments  shall  have  been  made.  No  such 
advance  payment  shall  be  made  until  after  the  expiration  of 
the  time  for  taking  appeals  from  the  actions  of  the  said  Com- 


156 

missioners,  and  the  final  termination  of  any  appeal  or  other 
proceeding  in  which  the  validity  of  the  ordinance,  or  of  the 
entire  proceedings  thereunder,  shall  be  assailed. 

1914,  ch.  125. 

175C.  Upon  any  appeal  from  the  action  of  the  Commis- 
sioners for  Opening  Streets  in  awarding  damages  or  assessing 
benefits  in  the  matter  of  opening,  widening,  extending,  straight- 
ening or  closing  any  public  highway,  the  return  of  the  Com- 
missioners for  Opening  Streets  shall  be  prima  facie  evidence  of 
the  correctness  of  the  amounts  of  damages  awarded  and  bene- 
fits assessed,  and  the  burden  of  proof  shall  be  upon  the  party 
asserting  that  any  such  award  or  assessment  ought  to  be  less 
or  more  than  the  amount  so  fixed  by  the  Commissioners  for 
Opening  Streets ;  this  provision,  so  far  as  it  relates  to  the  burden 
of  proof,  shall  not  apply  to  an  appeal  from  benefits  where  no 
question  of  damages  is  involved. 

Act  1S98,  ch.  123.     1900,  ch.  109. 

176.  In  every  case  where  it  shall  be  necessary  in  order  to 
efiect  the  object  proposed  under  any  of  the  ordinances  providing 
for  the  laying  out,  opening,  widening  or  straightening  in  whole 
or  in  part  any  street,  square,  lane  or  alley,  that  a  portion  only 
of  a  lot  or  of  a  lot  and  improvements  shall  be  taken  and  used 
or  destroyed,  and  the  owner  or  owners  thereof  shall  claim  to 
be  compensated  for  the  whole,  the  said  Commissioners  in  such 
cases  may,  if  they  deem  it  best  and  not  otherwise,  accept  a  sur- 
render in  writing  of  the  whole  of  said  lot  and  improvements, 
or  the  whole  of  said  improvements,  from  said  owner  or  owners, 
in  which  event  the  said  Commissioners  shall  ascertain  the  full 
value  thereof,  as  if  the  whole  lot  or  lots  and  improvement  or  im- 
provements, as  the  case  may  be,  were  necessary  to  be  taken  and 
used  for  such  proposed  object,  and  the  whole  amount  of  such 
valuation  when  finally  decided  on  shall  be  paid  or  tendered  to 
the  said  owner  or  owners  before  any  part  thereof  shall  be  de- 
stroyed, removed  or  used,  unless  such  o^vner  or  owners  shall 
assent  thereto  in  writing,  as  now  provided  for  by  law ;  and  the 
said  Commissioners,  after  giving  ten  days'  notice  in  two  of 
the  daily  newspapers  of  the  city  of  the  time  and  place,  manner 
and  terms  of  sale,  shall  sell  by  public  auction  to  the  highest  bid- 
der the  materials  of  any  house  or  houses  which  it  shall  be  neces- 
sary to  remove,  in  whole  or  in  part,  and  also  the  residue  of  any 
lot  of  which  a  part  shall  be  taken  and  used  to  effect  the  object 
confided  to  the  Commissioners,  and  which  residue  shall  have 


157 

been,  with  the  consent  of  the  Commissioners  aforesaid,  sur- 
rendered by  the  owners  thereof  as  aforesaid ;  the  purchase  money 
to  be  paid  when  full  possession  shall  be  given  of  the  property  or 
material  so  sold,  and  the  said  Commissioners  or  a  majority  of 
them  on  receiving  the  purchase  money  aforesaid,  and  not  be- 
fore, shall  by  a  good  and  sufficient  deed  convey  the  lot  or  lots 
of  ground  by  them  so  sold  to  the  purchaser;  but  no  such  sales 
shall  be  made  until  after  the  Commissioners  have  assessed  the 
entire  amount  of  damages  and  expenses  as  are  now  directed  to 
be  assessed  by  existing  ordinances  relating  to  the  condemna- 
tion of  streets,  nor  until  all  damages  for  taking  said  property 
shall  have  been  paid  or  tendered  to  the  proper  party  or  parties 
or  invested  or  paid  into  Court  as  by  law  required,  nor  until 
the  said  Commissioners  are  ready  and  able  to  give  possession 
to  the  said  purchaser  or  purchasers  of  property  and  materials 
aforesaid,  and  the  said  Commissioners  are  duly  empowered  to 
take  and  receive  a  good  and  sufficient  bond  from  the  purchaser 
or  purchasers  aforesaid,  with  a  penalty  to  the  Mayor  and  City 
Council  of  Baltimore,  conditioned  that  the  purchase  money  be 
duly  paid  at  such  time  as  the  said  Commissioners  shall  demand 
the  same,  and  conditioned  further  that  said  purchaser  or  pur- 
chasers shall  remove  within  sixty  days  after  notice  from  the 
said  Commissioners,  from  the  bed  of  the  street  all  such  mate- 
rials so  sold,  and  all  rubbish  or  other  obstructions  in  said  street 
occasioned  thereby ;  and  in  the  event  of  the  purchaser  or  pur- 
chasers not  complying  with  the  terms  of  said  sale,  the  Commis- 
sioners shall  re-sell  the  said  lot  or  lots,  and  improvement  or 
improvements,  as  the  case  may  be,  at  the  risk  of  the  former 
purchaser,  or  purchasers,  giving  not  less  than  five  days'  notice 
of  said  re-sale  in  two  of  the  daily  newspapers  of  the  city  afore- 
said ;  provided,  however,  that  where,  in  the  judgment  of  said 
Commissioners,  a  part  only  of  the  whole  of  a  lot  or  a  part  of  the 
whole  of  the  improvements  of  any  lot  can  be  taken  without 
destroying  the  whole  of  said  lot  or  said  improvements,  for  the 
purpose  for  which  lot  or  improvements  are  used,  or  for  building 
purposes,  the  said  Commissioners  shall  only  condemn  such  part 
of  said  whole  lot  or  improvements  as  is  necessary  for  the 
proposed  object,  and  shall  award  to  the  owner  or  o\\mers  of  the 
part  of  the  lot  or  improvements  so  taken  such  damages  and 
assess  upon  the  remainder  thereof  such  benefits  as  in  their 
judgment  shall  be  right  and  proper;  and  provided,  further,  that 
in  all  cases  where  there  are  sheds  or  other  obstructions  lying  and 
being  in  beds  of  streets,  lanes,  roads  or  alleys,  in  process  of 
opening  or  widening,  where  the  same  will  not,  in  the  judgment 


158 

of  the  Commissioners  for  Opening  Streets,  sell  by  public  auc- 
tion for  the  amount  of  the  expenses  of  said  sale,  then  the  said 
Commissioners  for  Opening  Streets  may,  and  they  are  hereby 
authorized,  to  sell  the  same  at  private  sale. 

M.  &  C.  C.  of  Baltimore  v,  Merryman,  23  Md.  449.  Mayor  v.  Clunet, 
23  M(l.  464.     Xorris  v.  Balto.,  44  Md.  603.    Bernei  v.  Mayor,  56  Md.  351. 

As  to  right  of  the  city  to  institute  condemnation  proceedings  before 
street  grades  are  established,  see,  Balto.  Belt  R.  R.  Co.  v.  Turner,  Daily 
Record,  January  12,  1893. 

As  to  rule  for  valuation  of  property  in  awards  in  condemnation  pro- 
ceedings, see,  Park  Board  v.  White,  Daily  Record,  May  25,  1893. 

The  inchoate  right  of  dower  in  fee  simple  property  to  be  considered 
in  condemning  property.  B.  &  O.  R.  R.  Co.  v.  Textor,  Daily  Record, 
December  25,  1893. 

1914,  ch.  125. 

176A.  In  any  case  where  a  part  of  a  lot,  or  part  of  a  lot  and 
improvements  is  taken  for  opening,  widening,  extending, 
straightening  or  closing  a  public  highway,  the  Commissioners 
for  Opening  Streets  in  making  their  award,  and  in  the  event  of 
an  appeal,  the  Court  or  Jury  in  making  its  or  their  award  shall 
not  award  damages  and  assess  benefits  separately,  but  shall 
ascertain  and  find  separately:  First — the  present  value  of  the 
entire  lot,  or  the  entire  lot  and  improvements  of  which  a  part 
is  to  be  taken,  as  if  the  proposed  opening,  widening,  extending, 
straightening  or  closing  were  not  to  be  made;  and  secondly — 
what  will  be  the  value  of  the  portion  of  the  lot  or  of  the  lot 
and  improvements  which  will  remain  after  the  opening,  widen- 
ing, extending,  straightening  or  closing  of  said  highway  shall 
have  been  made,  and  the  grading  thereof  shall  have  been  done. 
If  the  value  so  found  of  the  whole,  exceeds  the  value  so  found 
of  the  portion  which  will  remain,  the  owner  of  said  lot,  or  of 
said  lot  and  improvements  shall  be  allowed  the  difference  as  net 
damages.  If  the  value  so  found  of  the  part  which  will  remain 
shall  exceed  the  value  so  found  of  the  whole,  then  the  owner  of 
the  said  lot,  or  said  lot  and  improvements  shall  be  charged  the 
difference  as  net  benefits,  but  nothing  herein  shall  prevent  the 
surrender  of  the  whole  lot,  as  provided  in  section  176. 

1912,  ch.  32. 

177.  As  soon  as  the  Commissioners  aforesaid  shall  have 
completed  the  valuation  of  damages  to  be  ascertained  by  them 
as  directed  by  this  Article,  they  shall  cause  a  statement  thereof 
to  be  made  out  for  the  inspection  of  all  persons  desiring  infor- 
mation of  its  contents,  and  such  statement,  together  with  an 
explanatory  map  or  maps,  shall  contain  a  description  of  each 


159 

separate  lot  or  parcel  of  gTound  deemed  to  have  sustained 
damages,  its  dimensions,  the  name  of  the  street,  lane  or  alley  on 
which  it  bomids,  the  names  of  all  persons  supposed  to  have  any 
estate  or  interest  in  it,  and  the  amount  of  damages  as  valued 
by  the  Commissioners;  and  if  there  be  anv  house  or  other  im- 
provements  on  it,  necessary  to  be  removed,  in  whole  or  in  part, 
such  description  thereof  as  the  Commissioners  shall  deem  neces- 
sary ;  and  in  like  manner  a  description  of  each  parcel  of  ground 
deemed  by  the  Commissioners  to  be  benefited,  the  name  or 
names  of  such  person  or  persons  as  may  be  supposed  to  ha\e 
any  estate  or  interest  therein,  and  the  amount  assessed  thereon 
for  benefits ;  and  the  said  Commissioners  shall  cause  a  notice  to 
be  published  for  four  successive  days  in  two  daily  newspapers 
of  the  city  stating  the  extent  of  the  ground  covered  by  the  assess- 
ment, and  that  such  statement  and  maps  are  ready  for  the 
inspection  of  all  persons  interested  therein  and  that  the  Com- 
missioners will  meet  at  their  ofiice  on  a  day  to  be  named  in  said 
notice,  which  shall  be  not  less  than  five  nor  more  than  ten  days 
after  the  first  publication  of  such  notice,  for  the  purpose  of 
reviewing  any  of  the  matters  contained  in  such  statement  to 
which  any  person  claiming  to  be  interested  shall  make  objec- 
tion; and  the  Commissioners  shall  meet  at  the  time  and  place 
so  appointed,  and  shall  hear  and  consider  all  such  representa- 
tions or  testimony  on  oath  or  afiirmation,  verbal  or  in  writing, 
in  relation  to  any  matter  in  said  statement  which  shall  be  offered 
to  them  on  behalf  of  any  person  claiming  to  be  interested 
therein,  and  the  said  Commissioners  shall  make  all  such  correc- 
tions and  alterations  in  the  valuations,  assessments  and  esti- 
mates, and  all  other  matters  contained  in  the  said  statements 
and  explanatory  map  or  maps  aforesaid,  as  in  their  judgment 
shall  appear  to  them,  or  a  majority  of  them,  to  be  just  and 
proper;  and  they  may  adjourn,  from  day  to  day,  if  necessary, 
to  give  all  parties  claiming  a  review  an  opportunity  to  be  heard, 
not  exceeding  in  the  whole  ten  days;  and  after  closing  such 
review  the  Commissioners  shall  make  all  such  corrections  in 
their  statement  and  explanatory  map  or  maps  as  they  shall  deem 
proper,  and  cause  such  statement  as  corrected  to  be  recorded  in 
their  book  of  proceedings,  and  certified  under  the  hands  and 
seals  of  said  Commissioners  and  their  clerk,  and  notify  all  per- 
sons interested  by  an  advertisement,  to  be  inserted  once  a  week 
for  four  successive  weeks,  in  two  of  the  daily  newspapers  of 
the  city  that  the  said  assessments  have  been  completed,  and  that 
the  parties  affected  thereby  are  entitled  to  appeal  therefrom  by 


IGO 

petition  in  writing  to  the  Baltimore  City  Court  within  thirty 
days  after  the  first  publication  of  said  notice. 

Central  Savings  Bank  v.  Baltimore,  71  Md.  520.    M.  &  C.  C.  of  Balti- 
more V.  Smith,  SO  Md.  467.    Zion  Church  v.  Baltimore,  71  Md.  524. 

1914,  ch.  494. 

177A.  In  any  ordinance  for  opening,  extending,  widening, 
straightening,  closing  or  grading  any  street,  lane  or  alley  in  the 
City  of  Baltimore,  the  Mayor  and  City  Council  of  Baltimore 
may  provide  that  the  assessments  of  benefits  may  be  made  pay- 
able in  annual  installments,  not  exceeding  five,  with  interest  at 
six  per  cent,  on  the  deferred  installments  from  the  time  such 
proceedings  are  concluded.  If  any  such  ordinance  does  not 
provide  otherwise  as  to  the  time  of  payment  of  benefits,  then 
all  benefits  assessed  thereunder  shall  be  payable,  at  the  option  of 
the  person  assessed,  either  at  once  or  in  five  equal  installments, 
one  of  which  shall  be  due  when  the  proceedings  under  said 
ordinance  are  concluded  and  the  other  installments  shall  be  due 
and  payable,  respectively,  one,  two,  three  and  four  years  there- 
after, with  interest  on  each  installment  from  the  date  when  the 
proceedings  were  finally  concluded ;  provided,  however,  that 
where  the  same  party  is  assessed  in  any  such  proceedings  for 
benefits  and  also  awarded  damages,  the  damages  shall  be  de- 
ducted from  the  benefits  to  the  extent  of  the  damages,  and  the 
provision  of  this  section  as  to  paying  the  benefits  in  installments 
shall  apply  only  to  the  excess  of  the  benefits  over  the  damages. 
The  Commissioners,  in  their  final  return,  shall  state  whether  or 
not  benefits  are  to  be  payable  in  installments,  and  if  so  in  what 
installments. 

1912,  ch.  32. 

178.  It  shall  be  the  duty  of  the  Clerk  of  the  Commissioners 
for  Opening  Streets  to  serve  written  or  printed  notice  upon 
each  and  every  party  or  parties  assessed  for  damages,  caused  by 
the  condemnation  and  opening  of  any  public  highway;  pro- 
vided, however,  that  the  service  of  such  notice  shall  not  be  so 
construed  as  to  be  one  of  the  pre-requisites  to  the  condemnation 
and  opening  of  any  street  under  any  ordinance  heretofore 
passed,  or  hereafter  to  be  passed. 

1912,  ch.  32. 

179.  The  Mayor  and  City  Council  of  Baltimore  or  any 
person  or  persons,  or  corporations,  who  may  be  dissatisfied  with 
the  assessment  of  damages  or  benefits,  as  hereinbefore  provided, 


161 

may,  within  thirty  days  after  the  first  publication  of  the  notice 
provided  in  section  177,  appeal  by  petition,  in  writing,  to  the 
Baltimore  City  Court,  praying  the  said  Court  to  review  the 
same,  and  on  any  such  appeal  the  Court  shall  appoint  a  day  for 
hearing  said  appeal,  which  shall  not  be  less  than  five  or  more 
than  thirty  days  after  expiration  of  the  thirty  days  limited 
for  taking  appeals  as  aforesaid,  and  shall  direct  the  clerk  of 
the  said  Court  to  issue  a  subpoena  duces  tecum  to  the  clerk  of 
the  Commissioners  for  Opening  Streets,  requiring  him  to  pro- 
duce and  deliver  to  said  Court  the  record  of  the  proceedings  of 
the  said  Commissioners  in  the  case,  and  all  maps,  plats,  docu- 
ments and  papers  connected  with  such  record,  and  the  City 
Court  shall  have  full  power  to  hear  and  fully  examine  the 
subject,  and  decide  on  the  said  appeal,  and  for  that  purpose  is 
hereby  authorized  and  empowered  to  adjourn  from  time  to  time, 
and  may  cause  all  such  appeals  to  be  consolidated,  or  may  hear 
and  decide  them  separately,  and  may  require  the  said  Conunis- 
sioners,  their  clerk,  surveyor,  or  other  agents  and  servants,  or 
any  of  them,  and  all  such  other  persons  as  the  Court  shall  deem 
necessary,  to  attend,  and  examine  them  on  oath  or  aflirmation, 
and  may  permit  and  require  all  such  explanations,  amendments 
and  additions  to  be  made  to  and  of  the  said  record  of  the  pro- 
ceedings as  the  said  Court. shall  deem  requisite;  and  the  persons 
appealing  to  the  Baltimore  City  Court,  as  aforesaid,  shall  be 
secured  in  the  right  of  a  jury  trial,  and  the  said  Court  shall 
direct  the  Sheriff  of  Baltimore  City  to  summon  twelve  or  more 
persons  qualified  to  be  jurors,  and  shall  impanel  any  twelve 
disinterested  persons  so  summoned,  or  attending  the  Court,  to 
try  any  question  of  facts,  and  if  necessary  to  view  any  property 
in  the  city,  or  adjacent  thereto,  to  ascertain  and  decide  on  the 
amount  of  damages  or  benefits,  under  the  direction  of  the 
Court ;  and  the  said  Court  shall  not  reject  or  set  aside  the 
record  of  the  proceedings  of  the  said  Commissioners  for  any 
defect  or  omission  in  either  form  or  substance,  but  shall  amend 
or  supply  all  such  defects  and  omissions  and  increase  or  reduce 
the  amount  of  damages  and  benefits  assessed,  and  alter,  modify 
and  correct  the  said  return  of  proceedings,  in  all  or  any  of  its 
parts,  as  the  said  Court  shall  deem  just  and  proper,  and  shall 
cause  the  proceedings  and  decisions  on  said  returns  and  appeals 
to  be  entered  in  the  book  containing  the  record  of  the  proceed- 
ings of  the  Commissioners  certified  by  the  clerk,  under  the  seal 
of  the  Court,  and  the  book  to  be  transmitted  to  the  said  Commis- 
sioners, which  shall  be  final  and  conclusive  in  every  respect, 
unless  an  appeal  be  taken  to  the  Court  of  Appeals,  and  such 

(7)     , 


162 

record  book,  or  a  copy  of  the  proceedings  therein,  or  any  part  of 
such  proceedings,  whether-  in  Court  or  out  of  Court,  certified  by 
the  said  Commissioners  under  their  hands,  shall  be  evidence  in 
any  Court  in  this  State,  and  the  judge  of  the  Baltimore  City 
Court  shall  have  full  power,  in  his  discretion,  to  add  the  reason- 
able costs  of  any  appeal,  to  be  taxed  by  him,  or  any  part  thereof, 
to  the  damages  to  be  collected  for  opening  or  closing  said  street 
or  to  require  such  cost,  or  any  part  thereof,  to  be  paid  by  all  or 
by  either  of  the  appellants,  as  the  circumstances  of  such  appeal, 
in  his  opinion,  shall  justify.  Upon  every  appeal  to  the  Balti- 
more City  Court  from  any  action  of  the  Commissioners  for 
Opening  Streets  both  the  damages  and  benefits  assessed  by  thp 
Commissioners  to  the  appellant  shall  be  open  for  review  and 
correction  by  the  said  City  Court. 

Trustees  v.  Mayor  of  Baltimore,  2  Md.  Cli.  78.  Alexander  v.  Mayor, 
5  Gill,  383.  Meth.  Prot.  Church  v.  Mayor,  6  Gill,  391.  Page  v.  Mayor, 
34  Md.  558.  Hazelhurst  v.  Baltimore,  37  Md.  200.  Norris  v.  Mayor, 
44  Md.  598.  Brooks  v.  Mayor  of  Baltimore,  48  Md.  265.  Friedenwald 
V.  Shipley,  74  Md.  116.  Farrel  v.  Baltimore,  75  Md.  493.  Baltimore 
V.  Coates,  85  Md.  531.     Baltimore  City  v.  Bonaparte,  93  Md.  161. 

The  rislit  of  appeal  is  given  by  the  above  section  to  the  Baltimore 
City  Court.  A  court  of  equity  has  no  jurisdiction  to  enjoin  the  con- 
demnation proceedings  in  the  Baltimore  City  Court  on  the  ground  that 
the  condemnation  is  undertaken  before  the  establishment  of  the  grade 
of  the  street.  This  question  is  within  the  jurisdiction  of  the  Baltimore 
City  Court. 

Baltimore  v.  Johnson,  123  Md.  321. 

As  to  effect  of  inspection  by  jury  of  premises,  see, 

Patterson  v.  Baltimore,  124  Md.  153. 

On  appeal  the  Street  Commissioners,  clerks  and  other  agents  are  com- 
petent witnesses,  and  may  be  summoned  and  examined  as  to  the  prin- 
ciples upon  which  their  awards  and  assessments  wei*e  made. 
Patterson  v.  Baltimore,  124  Md.  153. 

1912,  ch.  32. 

180.  Wlienever  any  ordinance  passed  by  the  Mayor  and  City 
Council  of  Baltimore,  providing  for  the  condemnation  and 
opening,  extending,  widening,  grading  or  closing  of  any  street, 
lane  or  alley,  in  said  city,  shall  be  set  aside,  or  declared  null 
and  void  by  a  Court  of  competent  jurisdiction,  to  wit:  The 
Baltimore  City  Court  or  the  Court  of  Appeals,  in  the  event  of 
an  appeal  to  that  tribunal,  or  the  same  shall  be  repealed  by  the 
city,  it  shall  be  the  duty  of  the  Comptroller  immediately  there- 
after to  draw  his  warrant  on  the  Citv  Register  in  favor  of  any 
and  all  persons  or  their  legal  representatives,  who  may  have 
paid  into  the  city  treasury  any  sum  or  sums  of  money  on  account 
thereof;  which  shall  be  forthwith  paid  out  of  any  sums  in  the 
treasury  not  otherwise  appropriated.      The  Comptroller  shall 


163 

likewise  draw  his  warrant  on  the  City  Register  for  the  pa}Tnent 
of  all  expenses  which  may  have  been  incurred  by  virtue  of  any 
such  ordinance  in  carrying  out  the  provisions  thereof,  for  which 
the  city  may  be  liable  under  existing  ordinances. 

1912,  ch.  32.    1914,  cli.  494. 

181.  If  no  appeal  shall  have  been  prayed,  then,  within  ten 
days  after  the  time  hereinbefore  limited  therefor,  or  after  the 
return  of  the  decision  upon  any  appeal  shall  have  been  made  to 
the  said  Commissioners,  their  return  shall  be  transferred  to  the 
City  Collector,  who  shall  proceed  forthwith  to  notify  the  parties 
assessed  for  benefits  by  means  of  bills  specifying  the  several 
sums  so  assessed  and  the  installments  thereof  due  and  payable, 
and  warning  them  that  if  the  same  be  not  paid  within  two 
months  from  the  date  of  such  transfer  of  said  Commissioners' 
returns,  he  will  proceed  to  sell  the  specific  pieces  or  parts  of 
property  on  which  said  unpaid  sum  or  sums  of  money  shall  have 
been  assessed,  in  the  manner  and  after  having  given  the  notice 
directed  by  this  Article.  Thereafter,  as  each  installment  be- 
comes due,  the  Collector  shall  give  the  same  notice;  if  any 
installment  be  not  paid,  and  the  Collector  shall  proceed  to  sell, 
under  section  182  of  this  Article,  the  right  of  the  party  assessed, 
to  pay  the  remainder  of  said  assessment  in  installments,  shall  be 
forfeited,  and  the  Collector  shall  collect  from  the  proceeds  of 
said  sale  the  entire  amount  of  the  assessment  not  theretofore 
paid,  with  interest  at  six  per  cent,  to  the  date  of  such  collection. 

State  ex  rel  Henderson  v.  Taylor,  59  Md.  338.  See,  decision  of  Brown 
C.  J.  City  Court  in  re  Webster  v.  Mayor,  October  16,  1874. 

1912,  cb.  32. 

182.  If  the  sums  assessed  upon  the  property  specified  shall 
not  be  paid  within  the  time  above  limited,  the  City  Collector  is 
hereby  directed  to  sell  the  property,  or  any  part  thereof,  on 
which  such  assessment  has  been  laid,  giving  thirty  days'  notice  of 
said  sale  in  two  of  the  daily  newspapers  published  in  the  City  of 
Baltimore,  the  first  insertion  of  said  notice  to  be  made  in  said 
newspapers  promptly  after  the  expiration  of  the  time  limited 
in  this  article  for  the  payment  of  said  benefits;  and  the  moneys 
so  collected  by  the  City  Collector  shall  be  paid  over  by  him  to 
the  city  as  other  moneys  are  directed  to  be  paid  over. 

M.  &  C.  C.  of  Baltimor(!  v.  (Jrand  Lodge,  44  Md.  437.  Zion  Church  v. 
Mayor,  71  Md.  524.     I'.  W.  &  B.  R,  R.  Co.  v.  Shipley,  72  Md.  88. 

1912,  ch.  32. 

183.  In  all  cases  in  which  the  City  Collector  shall  sell  any 


164 

property  on  account  of  the  non-payment  of  assessments  made 
for  the  opening,  closing,  widening,  grading  or  extension  of  any 
street,  Lane  or  aHoy,  it  shall  be  his  duty  to  sell  said  pro])erty  to 
the  extent  and  subject  to  the  same  conditions  which  are  provided 
by  ordinance  for  the  sale  of  real  estate  in  the  City  of  Balti- 
more, charged  with  the  payment  of  other  taxes  imposed  by  this 
corporation;  and  in  the  event  of  the  purchaser  or  purchasers 
failing  forthwith  to  comply  with  the  terms  of  said  sale,  the  City 
Collector  shall  re-sell  the  same  at  the  risk  of  the  former  pur- 
chaser, ffiviiiff  not  less  than  ten  days'  notice  in  two  of  the  dailv 
newspapers  of  the  city  aforesaid ;  and  after  collecting  the  benefit 
assessments  he  shall  forthwith  return  the  said  Commissioners' 
proceedings  to  the  Comptroller. 

184.  The  City  Collector,  on  receiving  the  full  amount  of  the 
purchase  money  on  such  sale,  shall  execute  a  deed  of  conveyance 
in  favor  of  the  purchaser  or  purchasers,  or  their  assign  or 
assigns,  which  deed  shall  convey  a  fee  simple  or  leasehold  estate, 
as  the  case  may  be,  in  and  to  such  property,  and  after  deducting 
the  costs  of  sales,  advertising  and  other  necessary  expenses,  he 
shall  pay  the  balance  of  such  purchase  money  to  the  city,  which 
shall  pay  over  the  said  balance,  after  deducting  the  amount 
assessed  on  said  property,  to  the  person  or  persons  entitled 
thereto,  on  demand  without  interest. 

Carter  v.  Woolfork,  71  Md.  283. 

185.  All  sums  of  money  assessed  by  the  Commissioners 
aforesaid,  upon  property  deemed  by  them  to  be  benefited,  shall 
be  and  continue  liens  on  each  several  piece  of  property  so 
assessed,  to  the  amount  of  its  particular  assessment,  until  the 
same  shall  be  paid  to  the  city ;  but  no  part  of  any  street,  square, 
lane  or  alley  shall  be  opened  on  or  over  the  ground  of  any  person 
or  persons,  or  corporation,  adjudged  by  the  Commissioners  to  be 
entitled  to  damages  for  said  opening,  without  the  consent,  in 
writing,  of  the  person  or  corporation  so  entitled,  until  such 
damages  shall  be  paid,  or  the  amount  thereof  invested  in  the 
city  stock,  for  the  use  of  each  person  or  corporation  entitled  to 
any  part  of  the  compensation  for  such  damages,  to  the  amount 
of  his,  her  or  their  respective  right  and  interest  therein,  of 
which  investment  the  City  Register's  certificate,  under  the  cor- 
porate seal  of  the  city,  shall  be  competent  proof. 

Gould  V.  Mayor,  59  Md.  .378.  Central  Savings  Bank  v.  Baltimore,  71 
Md.  517.     Zion  Church  v.  Baltimore  City,  71  Md.  524. 

186.  Any  person  or  persons  not  claiming  title  to  any  lot  or 


165 

piece  of  property  upon  which  any  sums  shall  be  assessed,  as 
aforesaid,  may  pay  the  amount  of  the  sum  so  assessed,  within 
the  time  limited,  to  the  City  Register,  and  obtain  his  certificate 
of  having  paid  such  sum  without  claiming  title  to  the  property ; 
and  such  payment  shall  vest  in  the  person  or  persons  paying  his, 
her  of  their  heirs,  the  lien  on  such  lot  or  property  mentioned  in 
this  Article. 

State  ex  rel,  Henderson  v.  Taylor,  59  Md.  338. 

187.  If  it  should  so  happen  that  any  one  or  more  of  said 
Commissioners  should  be  interested  in  any  particular  case,  the 
Mayor  shall  make  a  temporary  appointment  of  a  Commissioner 
or  Commissioners,  to  act  in  the  place  and  stead  of  such  inter- 
ested Commissioner  or  Commissioners,  who  shall  take  the  oath 
or  affirmation,  as  the  case  may  be,  and  in  all  respects  conduct 
himself  and  have  all  the  powers  as  the  other  Commissioners 
who  are  appointed  by  the  Mayor. 

188.  Whenever  any  lot,  or  part  of  a  lot,  or  parcel  of  ground 
may  be  taken  and  included  within  the  lines  of  any  street,  lane 
or  alley,  or  part  thereof,  and  damages  assessed  therefor,  and 
there  shall  be  an  outstanding  unexpired  term  of  years  therein, 
the  said  Commissioners  shall  discriminate  in  their  proceedings 
between  the  value  of  fee  simple  or  ground  rent  interest,  and  the 
leasehold  interest. 

Mayor,  etc.  v.  Rice,  73  Md.  307.    Gluck  v.  Mayor,  81  Md.  315. 

1912,  ch.  32. 

189.  Wlienever  any  obstruction  shall  have  remained  in  any 
street,  lane  or  alley,  or  part  thereof  so  opened,  for  the  space  of 
sixty  days  after  the  proceedings  of  the  said  Commissioners  shall 
have  been  completed,  it  shall  be  the  duty  of  said  Commissioners 
to  cause  the  same  to  be  removed  and  to  draw  on  the  Register  for 
the  expense  so  incurred,  which  shall  be  paid  by  him,  and  the 
Mayor  shall  forthwith  cause  a  suit  for  the  recovery  of  said 
expenses  to  be  instituted  against  the  person  or  persons  by  whoso 
default  the  said  obstruction  has  been  suffered  to  remain,  and  the 
same,  when  recovered,  shall  be  paid  to  the  Register  for  the  use 
of  the  city. 

190.  Repealed  by  Act  of  1912,  ch.  32. 

1912,  ch.  32. 

191.  When  the  proceedings  of  the  Commissioners  for  Open- 


166 

ing  Streets  iu  any  case  are  transferred  to  the  City  Collector,  the 
City  Eegister  is  authorized  and  required  to  pay  all  the  expenses 
incurred  by  the  Commissioners  under  the  said  proceedings.  But 
such  expenses  shall  not  remain  unpaid  more  than  six  months 
after  the  completion  of  any  services  performed  under  said  ordi- 
nance; and  the  Comptroller  and  Register  are  directed  to  pay, 
within  six  months  after  the  services  have  been  completed,  any 
such  expenses  upon  presentation  of  the  proper  vouchers  or  cer- 
tilicates  from  the  Commissioners  for  Opening  Streets. 

192.  Repealed  by  Act  of  1912,  ch.  32. 

193.  "\Mienever  the  owner  or  owners  of  the  bed  of  any  of  the 
streets,  lanes  or  alleys  of  the  city,  as  laid  out  on  Poppleton's 
plat,  or  on  such  plat  as  the  city  may  adopt,  for  the  territory 
annexed  under  the  Act  of  1888,  Chapter  98,  shall  offer  to 
convey  the  same  to  the  city,  it  shall  be  the  duty  of  the  ]\Iayor  to 
obtain  the  opinion  of  the  Citv  Solicitor  in  relation  to  the  title 
to  the  property  and  the  legality  of  the  deed  or  deeds,  and,  if  in 
the  opinion  of  the  Mayor,  it  will  be  right  and  proper,  and  the 
public  good  will  result  therefrom,  he  is  hereby  authorized  to 
receive,  in  the  name  of  the  Mayor  and  City  Council  of  Balti- 
more, any  deed  or  deeds  so  offered  to  the  city ;  provided,  that  no 
deed  shall  be  for  less  than  one  whole  square,  and  that  the  city 
shall  not  incur  any  expense  in  receiving  the  same ;  and  that  a 
plat  setting  forth  the  location,  together  with  the  surrounding 
property,  to  the  extent  of  two  hundred  feet,  shall  accompany 
said  deed. 

194.  Whenever  any  street,  lane  or  alley,  or  part  thereof, 
shall  bo  conveyed  to  the  city,  as  provided  in  the  preceding  sec- 
tion, the  same  shall  be  a  public  highway,  subject  to  all  ordi- 
nances and  resolutions  relating  to  streets,  lanes  and  alleys  in 
the  City  of  Baltimore, 

195.  The  Mayor  and  City  Council  of  Baltimore  will  not 
entertain  any  petition  for  or  remonstrance  against  the  opening, 
widening,  straightening  or  closing  of  any  street,  lane,  or  alley 
in  the  City  of  Baltimore,  unless  the  signers  of  such  petition  or 
remonstrance  shall  state  the  location  of  the  property  they  repre- 
sent, together  with  the  number  of  front  feet  of  the  same. 

1908,  ch.  150. 
195a.     In  any  and  all  cases  where  a  street,  lane  or  alley,  or 
part  thereof,  situated  in  the  City  of  Baltimore,  has  been  opened, 


167 


widened,  straightened  or  closed  by  the  Mayor  and  City  Council 
of  Baltimore,  or  by  any  Commissioner  or  Commissioners,  or 
other  person  or  persons,  acting  either  nnder  the  provisions  of 
an  Act  of  the  General  Assembly  of  Maryland,  or  of  an  ordinance 
•of  the  Mayor  and  City  Council  of  Baltimore,  or  both,  whereby 
authority  was  granted  to  assess  the  whole  or  any  portion  of  the 
costs  of  such  improvement  upon  property  benefited  thereby,  and 
such  assessments,  or  any  part  thereof  remain  unpaid,  it  sluiU 
be  lawful  for  the  ^^Fayor  and  City  Council  of  Baltimore  to  pro- 
vide by  ordinance  for  levy  and  collection,  in  such  manner  as  it 
may  deem  proper,  of  a  'tax  to  the  extent  of  such  special  benefit 
upon  all  the  property,  which  the  said  Mayor  and  City  Council 
of  Baltimore,  or  the  said  Commissioner  or  Commissioners,  or 
other  person  or  persons  above  mentioned,  have  designated  in 
their  return,  as  property  benefited  by  such  improvement,  and 
liable  to  assessment  therefor ;  provided,  that  no  property,  upon 
which  the  assessment  originally  made  for  its  share  of  the  cost 
of  such  improvement  shall  have  been  paid,  shall  be  again 
assessed,  and  that  reasonable  notice  and  an  opportunity  to  be 
heard  shall  be  given  to  all  persons  interested  before  final  ascer- 
tainment of  the  amount  of  tax  to  be  paid  by  any  such  property, 
and  the  said  city  shall  provide  for  appeals  to  the  Baltimore  City 
Court  by  any  person  or  persons  interested,  including  the  city 
itself,  from  the  decision  of  the  Commissioners  for  Opening- 
Streets,  or  any  Commissioner  or  Commissioners,  or  other  per- 
sons appointed  to  determine  the  amount  or  amounts  of  such 
special  taxes  or  assessments,  and  in  the  trial  of  such  appeals  the 
practice  shall  conform  as  near  as  may  be  to  the  practice  in  the 
trial  of  street  appeals,  including  the  right  of  appeal  to  the 
Court  of  Appeals. 

MUNICIPAL  OFFICERS 
NOT  INCLUDED  IN  ANY  DEPARTMENT. 

CITY  LIBRARIAN. 

196.  There  shall  be  an  official  of  the  Mayor  and  City  Coun- 
cil of  Baltimore,  to  be  known  as  the  City  Librarian.  He  shall 
be  appointed  by  the  Mayor  in  the  manner  prescribed  in  section 
25  of  this  Article  and  hold  his  office  as  therein  provided.  The 
said  Librarian  shall,  under  the  supervision  and  direction  of  the 
City  Register,  take  under  his  charge  and  keeping  all  the  books 
and  documents  of  every  dosci-iption,  and  the  archives,  records, 
papers  and  proceedings  of  the  Mayor  and  City  Council  of 
Baltimore,  except  as  is  otlicrwisc  hoi'oin  provided,  now  in  the 


168 

possession  of  other  mimicipal  officers,  entrusted  with  them  by 
the  city,  or  which  may  hereafter  come  into  the  possession  of  the 
city,  and  also  all  the  ordinances,  resolutions  and  proceedings  of 
the  City  Council  after  each  and  every  session  thereof;  and  he 
shall  arrange  and  classify,  so  as  to  be  easily  found  when  needed, 
all  the  books,  documents,  records,  papers,  ordinances  and  resolu-" 
tions,   and  proceedings  hereby  placed  and  hereafter  to  come 
under  his  charge  and  keeping;  and  he  shall  furthermore  care- 
fully collect  and  arrange  and  safely  keep  a  complete  series  of 
ordinances  and  resolutions  and  proceedings  of  the  Mayor  and 
City  Council  of  Baltimore,   and  all  other  books,  papers  and 
memorials  relating  to  Baltimore,  from  its  beginning  as  a  town 
to  the  present  time,  and  this  shall  continue  to  be  one  of  his 
regular  duties,  and  he  shall  not  permit  any  book  or  books,  or 
documents  of  said  series  to  be  taken  or  removed  by  any  one  from 
the  City  Library,  and  he  shall  permit  no  other  book,  document, 
record  or  paper  of  any  sort  to  be  taken  from  the  City  Library, 
except  by  city  officers,  and  then  only  on  a  written  receipt  from 
such  city  officer  or  officers  for  the  same,  which  receipt  shall  be 
written  in  a  book  to  be  kept  for  that  purpose,  and  shall  be  duly 
cancelled  on  the  return  of  the  book,  documents,  records  or  papers 
so  borrowed ;  and  he  shall  see  that  no  books,  documents,  records 
or  papers  of  any  sort  be  lost  or  mislaid  by  said  city  officers ;  he 
shall  also  carefully  prepare  and  keep  an  index  for  that  purpose 
of  all  the  books,  documents,  records  and  papers  of  said  library. 
Room  shall  be  provided  in  the  City  Hall,  and  properly  furnished 
for  the  reception  and  custody  of  said  library.     The  salary  of  the 
City  Librarian  shall  be  one  thousand  five  hundred  dollars  per 
annum,  payable  monthly ;  and  he  shall  give  a  good  and  sufficient 
bond,  to  be  approved  as  authorized  by  this  Article,  in  the  sum  of 
live  thousand  dollars,  for  the  faithful  performance  of  his  duties 
in  the  premises. 

The  provisions  of  the  Charter  in  relation  to  the  City  Librarian  and 
his  duties  were  largely  embodied  from  Art.  xxxii  of  the  Baltimore  City 
Local  Code   (1893). 

1906,  ch.  111. 

197.  Each  of  the  departments,  sub-departments,  municipal 
officers  not  embraced  in  a  department  and  special  commissions 
or  boards  of  the  ]\layor  and  City  Council  of  Baltimore  shall,  on 
or  before  the  first  day  of  December  in  every  year,  furnish  to  the 
City  Librarian  a  schedule  of  all  stationery  and  printed  matter, 
which  may  be  required  for  the  use  of  such  departments,  sub- 
departments,  municipal  officers  and  commissions  or  boards  for 
the  year  commencing  on  the  first  day  of  January  thereafter.     It 


169 

shall  be  the  duty  of  the  City  Librarian,  twenty  days  prior  to  the 
first  day  of  January  in  each  year,  to  advertise  for  proposals  for 
furnishing  all  such  stationery  and  printed  matter  as  may  be 
required  by  the  respective  departments,  sub-departments, 
municipal  officers  and  commissions  or  boards  of  the  city,  for  the 
ensuing  fiscal  year,  subject  to  the  provisions  of  sections  14  and 
15  of  this  Article.  All  contracts  which  may  be  awarded  in  pur- 
suance of  the  provisions  of  this  section  shall  contain  a  clause 
stipulating  that  any  stationery  or  printed  matter  which  may  be 
required  for  the  use  of  any  department,  municipal  officers  and 
commissions  or  boards  aforesaid  of  the  city,  over  and  above  the 
quantity  specially  designated  in  said  contracts,  shall  be  fur- 
nished by  the  contractors  at  the  same  rate  charged  for  articles 
which  are  specially  mentioned  in  said  contracts,  and  if  any 
supplies  are  required  which  are  not  mentioned  in  said  contract 
they  shall  be  furnished  at  the  low^est  market  rates.  It  shall  be 
the  further  duty  of  the  City  Librarian  to  furnish  to  each  of  the 
departments  of  the  city,  sub-departments,  municipal  officers  not 
embraced  in  a  department  and  special  commissions  or  boards, 
from  time  to  time,  upon  the  requisition  of  the  heads  of  said 
departments,  sub-departments,  municipal  officers  and  commis- 
sions or  boards,  the  stationery  and  printed  matter  which  may  be 
necessary  for  the  use  of  said  departments,  sub-departments, 
municipal  officers  not  embraced  in  a  department  and  special 
commissions  or  boards  and  to  keep  an  accurate  account  of  all 
supplies  which  may  be  furnished ;  and  he  shall  annually  report 
to  the  City  Council  of  Baltimore  the  quantity  of  stationery  and 
printed  matter  which  he  shall  have  furnished  to  the  respective 
departments,  sub-departments,  nmnicipal  officers  and  commis- 
sions or  boards  during  the  preceding  fiscal  year  and  the  expense 
of  the  same. 

As  to  powers  of  Mayor  and  City  Council  of  Baltimore  in  relation  to 
contracts  for  stationery  prior  to  Act  1906.  cli.  Ill,  see,  Baltimore  v. 
Weatherby,  52  Md.  442.  and  cases  cited  under  sections  14  and  15  of 
the  Charter,  ante,  pages  57,  58,  59. 

198.  The  City  librarian  is  hereby  authorized  and  directed 
to  appoint  two  assistants,  to  be  known  as  First  Assistant  Libra- 
rian and  Second  Assistant  Librarian,  who  shall  perform  such 
duties  as  the  Librarian  shall  from  time  to  time  prescribe  and 
direct,  and  for  whose  acts  the  Librarian  shall  be  held  responsi- 
ble. The  First  Assistant  shall  give  such  bond  as  provided  by 
ordinance  and  approved  by  the  ]\hiyor.  In  the  event  of  the 
necessary  ab.sence  of  the  Li})rarian,  from  sickness  or  other  cause, 
the  First  Assistant,  with  the  approbation  of  the  Mayor,  shall 


170 

have  full  power  and  authority  to  perform  all  the  duties  of  the 
Librarian.  The  salary  of  the  First  Assistant  Librarian  shall  be 
nine  hundred  dollars  per  annum,  payable  monthly,  and  the 
salary  of  the  Second  Assistant  shall  be  seven  hundred  and  fifty 
dollars  per  annum,  payable  monthly. 

199.  There  shall  be  opened,  under  the  direction  of  the  City 
Librarian,  a  set  of  books  in  which  shall  be  entered  all  requisi- 
tions made  upon  the  City  Librarian  from  the  difterent  depart- 
ments, sub-departments,  municipal  officers  and  connnissions  or 
boards  of  the  Mayor  and  City  Council  of  Baltimore,  from  time 
to  time,  and  each  department,  sub-department,  municipal  officer 
and  commission  or  board  shall  be  charged  with  all  books, 
stationery  and  printed  matter  it  may  receive  from  said  Libra- 
rian ;  there  shall  be  kept  a  record  of  all  bids  received  for  books, 
stationery  and  printed  matter  and  of  the  acceptance  or  rejection 
thereof.  The  City  Librarian  shall  permit  no  bid  once  filed  in 
his  office  to  be  withdrawn  therefrom.  There  shall  be  copied  and 
filed  away  all  contracts  made  or  entered  into  between  bidders 
and  the  Cit}'  Librarian ;  and  there  shall  be  annually  prepared  a 
general  statement  of  all  the  transactions  of  the  City  Librarian's 
office,  and  presented  to  the  City  Council. 

200.  The  City  Library  shall  be  kept  open  daily  from  9  A.  M. 
to  4  P.  j\I.,  and  during  the  sessions  of  the  City  Council  and  at 
such  other  times  as  may  be  necessary  or  may  be  prescribed  by 
ordinance,  with  the  Librarian  or  his  Assistants  in  attendance. 

COMMISSION"  01^  CITY  PLAK 

1910,  ch.  114. 

200A.  There  shall  be  a  Commission  on  Citv  Plan,  to  consist 
of  the  Mayor  of  the  City  of  Baltimore  and  eight  other  members 
who  shall  be  appointed  by  the  ]\layor  in  the  manner  prescribed 
in  section  25  of  this  Article,  who  shall  hold  their  offices  as  in 
said  section  provided,  and  shall  serve  without  pay;  one  of  the 
said  Commissioners  shall  be  president  of  said  Commission,  and 
shall  be  so  designated  by  the  Mayor ;  the  said  Commission  may 
elect  a  secretary,  who  shall  be  paid  such  salary  as  may  be  pro- 
vided for  by  ordinance  and  who  shall  perform  such  duties  as 
may  be  from  time  to  time  prescribed  by  said  Commission.  The 
said  Commission  shall  investigate  all  plans  proposed  for  the 
construction  or  extension  of  public  highways  in  the  City  of 
Baltimore  and  the  establishment  of  a  civic  center  or  other  public 
improvements   in   connection   therewith,    and    shall   report   the 


171 

results  of  such  investigations  from  time  to  time  to  the  Mayor 
and  City  Council,  and  shall  perform  such  other  duties  and 
exercise  such  other  powers  as  may  be  delegated  to  it  or  as  may 
be  prescribed  by  ordinance  not  inconsistent  with  this  Article. 

ART  COMMISSION. 

201.  There  shall  be  an  Art  Commission,  to  consist  of  the 
Mayor  of  the  City  of  Baltimore  and  seven  others,  to  be  named 
by  the  following  institutions,  and  appointed  by  the  Mayor  in  the 
manner  prescribed  by  section  25  of  this  Article,  and  hold  their 
offices  as  therein  provided :  One  shall  be  named  by  the  Mary- 
land Historical  Society,  one  by  the  Johns  Hopkins  University, 
one  by  the  Peabody  Institute,  one  by  the  Maryland  Institute  for 
the  Promotion  of  the  Mechanic  Arts,  one  by  the  Architectural 
Club  of  Baltimore,  one  by  the  Board  of  Park  Commissioners, 
and  one  by  the  Charcoal  Club ;  the  members  of  the  Commission 
shall  serve  without  pay.  If  any  of  said  institutions  shall  fail  to 
name  a  Commissioner  for  thirty  days  after  having  been  re- 
quested in  writing  by  the  Mayor  so  to  do,  the  Mayor  shall  name 
such  Commissioner. 

202.  No  statue,  ornamental  fountain,  arch  or  gateway, 
monument  or  memorial  of  any  kind  shall  be  erected,  nor  any 
change  made  in  those  already  erected  in  any  public  street, 
avenue,  square,  place,  park  or  municipal  building  in  the  City  of 
Baltimore  unless  the  design  and  site  or  proposed  change  for  the 
same  shall  have  been  submitted  to  the  Commission  and  approved 
by  a  majority  thereof,  and  its  report  shall  have  been  made  to  the 

'  City  Council ;  said  report  shall  be  made  within  thirty  days  from 
the  time  when  the  design  and  site  or  proposed  change  as  above 
specified  shall  have  been  submitted  to  the  Commission  for  its 
approval. 

203.  The  Commission  shalJ,  at  the  request  of  the  Mayor,  or 
the  City  Council,  give  its  advice  as  to  the  suitability  of  the 
design  for  any  public  l)ui]ding,  ])ridge  or  other  structure,  and 
shall  report  thercnm  in  writing  to  the  City  Council.  All  vacan- 
cies in  said  Commission  shall  be  filed  by  the  INhiyor  from  those 
named  by  the  institutions  as  herein  provided  ;  and  in  case  any  of 
said  institutions  fail  for  thirty  days,  after  receiving  the  request 
of  the  Mayor,  to  name  a  person  to  till  \\\c  said  vacancy,  the 
Mayor  sliall  fill  it  witli  a  person  of  liis  own  selection. 


172 

SUPEEIXTENDENT   OF  LAMPS  AND  LIGHTI:NG. 

204.  There  shall  be  a  Superintendent  of  Lamps  and  Light- 
ing, who  shall  be  appointed  by  the  Mayor  in  the  manner  pre- 
scribed in  section  25  of  this  Article,  and  hold  his  office  as  therein 
provided.  He  shall  have  under  his  charge  and  supervision  the 
lighting  of  the  City  of  Baltimore,  and  shall  perform  the  duties 
now  performed  by  the  General  Superintendent  of  Lamps  and 
Inspector  and  Sealer  of  Gas  Meters,  and  such  other  duties  as 
may  be  prescribed  by  ordinances,  not  inconsistent  with  this 
Article.  He  shall  have  power  to  appoint  an  assistant,  who  shall 
perform  all  the  duties  now  performed  by  the  Inspector  of 
Illuminating  Gas  and  Oils.  The  Superintendent  of  Lamps  and 
Jjighting  shall  have  the  power  to  appoint  such  number  of  district 
superintendents  of  lamplighters  as  the  requirements  of  the  city 
may  demand  and  as  are  necessary  to  properly  care  for  the  lamps 
and  lighting  of  the  city,  and  iix  their  compensation,  not  to 
exceed  in  the  aggregate  the  amount  appropriated  by  ordinance. 
He  shall  have  power  to  appoint  such  clerks  and  employees  as 
may  be  necessary  to  properly  conduct  his  office,  and  as  the 
annual  appropriations  of  the  city  for  his  use  in  the  discharge  of 
his  duties  may  warrant.  The  compensation  of  the  Superin- 
tendent of  Lamps  and  Lighting  shall  be  two  thousand  dollars 
per  annum,  payable  monthly,  and  his  assistants  and  the  clerks 
and  employees  under  him  shall  be  paid  such  fixed  salaries  as 
may  be  prescribed  by  ordinance,  and  not  in  fees ;  all  fines  and 
inspection  fees  shall  be  paid  to  the  Comptroller. 

American  Lighting  Co.  v.  McCuen,  92  Md.  705. 

SURVEYOR. 

p.  L.  L.,  (1860)  Art.  4,  sec.  865.    P.  L.  L.,  (1888)  Art.  4,  sec.  825. 

205.  There  shall  be  a  Surveyor,  to  be  elected  on  the  Tuesday 
next  after  the  first  Monday  in  I^ovember  in  the  year  eighteen 
hundred  and  ninety-nine,  and  on  the  same  day  in  every  second 
year  thereafter,  and  whose  term  of  office  shall  commence  on  the 
first  Monday  in  January  next  ensuing  after  his  election;  his 
duties  and  compensation  shall  be  prescribed  by  the  ordinances 
of  the  Mayor  and  City  Council  of  Baltimore.  Any  vacancy  in 
the  office  of  Surveyor  shall  be  filled  by  the  Mayor  and  City 
Council  of  Baltimore  for  the  residue  of  the  term. 

Baltimore  City  v.  Lyman,  92  Md.  610. 

CONSTABLES. 

1912,  ch.  823. 

206.  There  shall  be  two  Constables  for  every  ward  of  the 


173 

City  of  Baltimore,  who  shall  be  appointed  by  the  Mayor  aud 
City  Council  of  Baltimore  and  hold  their  offices  for  two  years. 
Their  duties  and  compensation  shall  be  the  same  as  are  now, 
or  may  hereafter  be  prescribed  by  law  or  ordinances. 

Constable  failing  to  qualify  within  thirty  days  after  his  appointment, 
forfeits  his  position. 

Little  V.  Schul,  118  Md.  4.55.     {Sec  notes  to  section  623). 

Ordinance  passed  in  pursuance  of  Charter  has  same  force  as  Act  of 
the  Legislature. 

Gould  V.  Baltimore,  119  Md.  534. 

SUPEEINTEISTDENT   OF  PUBLIC  BUILDINGS. 

207.  There  shall  be  a  Superintendent  of  Public  Buildings, 
who  shall  be  appointed  by  the  Mayor  in  the  manner  prescribed 
in  section  25  of  this  Article,  and  hold  his  office  as  therein  pro- 
vided. The  said  Superintendent  of  Public  Buildings  shall 
provide  for  the  watching,  cleaning  and  heating,  and  shall  have 
charge  of,  the  City  Hall  and  the  buildings  and  offices  in  which 
the  different  Courts  of  the  city  may  be  held  and  in  which  their 
records  may  be  kept.  He  shall  receive  a  salary  of  one  thousand, 
five  hundred  dollars  per  annum,  payable  monthly,  and  perform 
such  other  duties  as  may  be  provided  by  ordinances,  not  incon- 
sistent with  this  Article.  He  shall  employ  such  assistants  and 
employees,  and  at  such  compensation  as  may  be  fixed  by  ordi- 
nance. 

PUBLIC  PRINTER. 

208.  There  shall  be  a  Public  Printer,  who  shall  be  elected  on 
the  second  Monday  of  June,  in  the  year  eighteen  hundred  and 
ninety-nine,  and  on  the  same  day  and  month  in  every  second 
year  thereafter,  by  a  convention  of  both  Branches  of  the  City 
Council.  The  Public  Printer  shall  be  a  reputable  person,  firm 
or  corporation,  who  shall  be  bona  fide  engaged  in  the  printing- 
business  in  the  City  of  Baltimore,  to  execute  the  printing  re- 
quired by  both  Branches  of  the  City  Council,  who  shall  perform 
the  duties  required  of  him,  them  or  it  by  ordinances  not  incon- 
sistent with  this  Article,  and  who  shall,  before  he,  they  or  it 
enter  upon  the  discharge  of  his,  their  or  its  duties  as  such, 
execute  a  bond  to  the  Mayor  and  City  Council  of  Baltimore,  in 
the  penal  sum  of  five  thousand  dollars,  with  the  condition  that 
he,  they  or  it  will  faithfully  discharge  the  several  duties  incum- 
bent upon  him,  them  or  it,  which  l)ond  shall  be  deposited  in  such 
place  as  the  Mayor  may  select  for  depositing  papers  of  this  kind, 
and  be  delivered  by  him  to  his  successor  in  office. 

Baltimore  City  v.  Lyman,  92  Md.  .610. 


174 

1906,  ch.  565. 
208A.  There  shall  be  a  Department  of  Legislative  Refer- 
euce  of  the  Mayor  and  City  Council  of  Baltimore.  The  head  of 
said  Department  shall  consist  of  a  Board  composed  of  the  Mayor 
of  Baltimore,  the  City  Solicitor,  the  President  of  the  Johns 
Hopkins  University,  the  President  of  the  Municipal  Art 
Society,  and  the  President  of  the  ^Merchants  and  Manufacturers' 
Association  of  Baltimore  City,  and  the  members  of  the  said 
Board  shall  serve  without  pay.  The  said  Board  shall  employ 
a  competent  statistician  as  its  executive  officer  to  organize  and 
conduct  the  said  Department,  and  the  said  executive  officer  shall 
hold  office  from  the  first  day  of  January,  1907,  during  good 
behavior,  and  shall  be  subject  to  removal  by  the  said  Board  or  a 
majority  thereof,  for  incompetence  or  neglect  of  duty. 

1906,  ch.  565. 

208B.  It  shall  be  the  duty  of  said  executive  officer  to  investi- 
gate and  report  upon  the  laws  of  this  and  other  States  and  cities 
relating  to  any  subject  upon  which  he  may  be  requested  to  so 
report  by  the  Mayor  of  Baltimore,  any  Committee  of  the  City 
Council  or  the  head  of  any  City  Department ;  to  accumulate  all 
data  obtainable  in  relation  to  the  practical  operation  and  effect 
of  such  laws ;  to  investigate  and  collect  all  available  information 
relating  to  any  matter  which  is  the  subject  of  proposed  legisla- 
tion by  the  General  Assembly  of  Maryland,  or  the  City  Council 
of  Baltimore ;  to  examine  acts,  ordinances  and  records  of  any 
State  or  city,  and  report  the  result  thereof  to  the  jMayor  of 
Baltimore,  any  Committee  of  the  City  Council  or  the  head  of 
any  City  Department  requesting  the  same ;  to  prepare  or  advise 
in  the  preparation  of  any  bill,  ordinance  or  resolution  when 
requested  so  to  do  by  any  member  of  the  City  Council ;  to  pre- 
serve and  collect  all  information  obtained,  carefully  indexed 
and  arranged  so  as  to  be  at  all  times  easily  accessible  to  city 
officials  and  open  to  the  inspection  of  the  general  public;  to 
perform  such  other  duties  as  the  said  Board  may  prescribe;  and 
to  make  a  full  and  complete  report  thereof  on  or  before  the  first 
dav  of  February  of  each  and  everv  vear  to  cover  the  work 
for  the  previous  fiscal  year  ending  December  thirty-first. 

1906,  ch.  565. 

208C.  The  Board  of  Estimates  shall  provide  in  the  ordi- 
nance of  estimates  for  the  year  1907,  and  annually  thereafter, 
for  the  pa\anent  of  the  salary  of  said  Executive  Officer,  which 
shall  not  be  less  than  $2,000  per  annum,  and  also  a  sum  suffi- 


175 

cieut  to  pay  all  other  expenses  of  the  said  Department  of  Legis- 
lative Reference. 


LEGISLATIVE  DEPARTMENT. 
CITY  COUI^CIL. 

p.  L.  L.,  (1860)  Art.  4,  sec.  12.    P.  L.  L.,  (1888)  Art.  4,  sec.  16. 
209.     The  Legislative  Department  of  the  Mayor  and  City 
Conncil  of  Baltimore  shall  be  vested  in  the  City  Council,  which 
shall  consist  of  two  Branches,  one  of  which  shall  be  the  First 
Branch  and  the  other  the  Second  Branch. 

Baltimore  City  v.  Gorter,  93  Md.  1,  8. 
In  connection  witli  this  section,  see,  Smyrk  v.  Sharp,  82  Md.  97. 


P.  L.  L.,  (1860)  Art.  4,  sees.  13,  24.    P.  L.  L.,  (1888)  Art.  4,  sees.  17,  28. 

210.  The  First  Branch  shall  consist  of  one  member  from 
each  ward  of  the  city,  who  shall  be  a  citizen  of  the  United 
States,  above  the  age  of  twenty-one  years,  a  resident  of  the  city 
three  years  preceding  his  election,  and  for  the  same  time  a  resi- 
dent of  the  w^ard  for  which  he  is  elected,  and  assessed  with 
property  to  the  amount  of  three  hundred  dollars,  who  has  paid 
taxes  on  the  same  one  year  prior  to  his  election,  and  shall  hold 
his  office  for  two  years.  Each  member  of  the  First  Branch  shall 
be  paid  a  salary  of  one  thousand  dollars  per  annum,  payable 

monthly. 

Baltimore  City  v.  Gorter,  93  Md.  8. 
In  connection  with  section  210,  see,  Kean  v.  Rizer,  90  Md.  507.    Yan- 
neman  y.  Pusey,  93  Md.  686,  690. 

P.  L.  L.,  (1860)  Art.  4,  sees.  14,  24.     P.  L.  L.,  (1888)  Art.  4,  sees.  18,  28. 

1898,  ch.  123.     1901,  ch.  8. 

211.  The  Second  Branch  shall  consist  of  nine  members,  one 
of  whom  shall  be  the  President  thereof,  and  shall  possess  the 
qualifications  and  bo  elected  as  hereinafter  provided.  The  other 
eight  members  shall  be  elected  from  four  Councilmanic  Dis- 
tricts, two  from  each  district;  said  district  to  be  established  and 
fixed  as  herein  defined  by  this  Act.  The  members  of  the  Second 
Branch,  excepting  the  President  thereof,  shall  be  citizens  of  the 
United  States  above  the  age  of  twenty-five  years,  residents  of  the 
City  of  Baltimore  four  years  prior  to  their  election,  each  of 
whom -has  been  assessed  with  property  in  the  said  city  in  the 
sum  of  five  hundred  dollars,  and  who  has  paid  taxes  on  the  same 
for  two  years  prior  to  his  election ;  and  the  said  members  of  the 
Second  Bi-iincli  slmll  liold  thcii-  offices  for  four  years,  except  as 


176 

provided  iu  section  213  of  this  Article,  aud  each  of  them  shall 

be  paid  a  salary  of  one  thousand  dollars  per  annum,  payable 

monthh'. 

Baltimore  City  v.  Gorter,  93  Md.  8. 

For  diet  (I  of  the  Court  of  Appeals  in  connection  with  provisions  simi- 
lar to  those  of  section  211,  sec,  Kean  v.  Rizer,  90  Md.  507.  Vanneman  v. 
Piisey,  93  Md.  686,  690. 

See  proviso  of  Act  1901,  ch.  8.  relating  to  present  imcumbents. 

P.  L.  L.,   (1860)  Art.  4,  sec  15.     1888.  ch.  397.     P.  L.  L.,    (1888)  Art.  4, 

sec.  19.    1908,  ch.  157. 

212.  The  election  for  members  of  the  First  Branch  shall  be 
held  on  the  Tuesday  next  after  the  first  Monday  in  May  in  the 
year  nineteen  hundred  and  eleven,  and  upon  every  fourth  year 
thereafter.  Their  terms  of  office  shall  be  for  four  years.  Said 
election  shall  be  held  by  wards,  and  no  person  shall  be  entitled 
to  vote  for  any  member  of  the  First  Branch  except  for  the 
member  for  the  ward  of  which  the  voter  is  a  resident.  The 
members  of  said  Branch  now  in  office  shall  hold  office  until  their 
successors  have  been  elected  under  the  provisions  of  this  Article, 
and  have  duly  qualified. 

Baltimore  City  v.  Gorter,  93  Md.  8. 

r.  L.  L.,  (1860)  Art.  4,  sec.  16.  P.  L.  L.,  (1888)  Art.  4,  sec.  20. 
1888,  ch.  397.  1890,  ch.  10.  1908,  ch.  157. 

213.  The  election  for  the  said  eight  members  of  the  Second 
Branch  shall  be  held  on  the  Tuesdav  next  after  the  first  Mondav 
in  May,  in  the  year  nineteen  hundred  and  eleven,  and  upon  every 
fourth  year  thereafter.  Their  terms  of  office  shall  be  for  four 
years.  The  members  of  the  Second  Branch  now  in  office  shall 
hold  office  until  their  successors  have  been  elected  under  the  pro- 
visions of  this  Article,  and  have  duly  qualified. 

Baltimore  City  v.  Gorter,  93  Md.  8. 

214.  There  shall  be  elected  on  the  Tuesday  next  after  the 
first  ]\Ionday  iu  May,  in  the  year  eighteen  hundred  and  ninety- 
nine,  and  upon  every  fourth  year  thereafter,  from  the  city  at 
large,  a  person  to  be  the  President  of  the  Second  Branch  of  the 
City  Council,  who  shall  possess  the  qualifications  required  and 
hereinbefore  defined,  of  the  Mayor  of  the  City  of  Baltimore. 
His  duty  shall  be  to  preside  over  the  Second  Branch  of  the  City 
Qouncih  and  vote  on  all  questions,  and  perform  such  other 
duties  as  may  be  prescribed  by  ordinances  not  inconsistent  with 
this  Article.  He  shall  be  paid  a  salary  of  three  thousand  dollars 
per  annum,  payable  monthly.     A  joint  convention  of  the  two 


177 

Branches  of  the  City  Council,  by  a  majority  vote  of  all  the 
members  elected  to  the  City  Council,  may  remove  from  office 
the  President  of  the  Second  Branch  for  incompetency,  wilful 
neglect  of  duty  or  misdemeanor  in  office,  upon  charges  preferred 
by  the  Mayor,  and  after  notice  of  such  charges  is  given  to  the 
President  of  the  Second  Branch,  and  an  opportunity  afforded 
him  to  be  heard. 

Baltimore  City  v.  Gorter,  93  Md.  8. 

P.  L.  L..  (1860)  Art.  4,  sees.  17,  18.    P.  L.  L.,  (ISSS)  Art.  4,  sees.  21,  22. 

215.  The  qualifications  of  electors  of  members  of  the  City 
Council  shall  be  the  same  as  those  of  electors  of  the  Mayor,  All 
vacancies  in  the  First  Branch  shall  be  filled  without  delav  bv 
the  First  Branch  from  the  ward  in  which  the  said  vacancy 
occurs,  by  an  election  of  a  person  possessing  the  qualifications 
hereinbefore  prescribed,  to  fill  the  unexpired  term  of  the  former 
incumbent.  If  a  vacancy  occurs  in  the  Second  Branch,  then 
said  Branch  shall  forthwith  fill  said  vacancy  by  the  election  of  a 
person  possessing  the  qualifications  hereinbefore  prescribed 
from  the  city  at  large  or  from  the  proper  Councilmanic  District, 
if  there  be  such  District  at  that  time. 

Baltimore  City  v.  Gorter,  93  Md.  8. 

P.  L.  L..   (1860)  Art.  4,  sec.  20.     1868,  ch.  451.    1888,  eh.  397.     P.  L.  L., 

(1888)  Art.  4,  sec.  24. 

216.  The  City  Council  shall  meet  on  the  Thursday  next  after 

the  third  Monday  in  May,  in  the  year  eighteen  hundred  and 

ninety-nine,  and  upon  the  same  day  in  each  year  thereafter,  and 

may  continue  in  session  for  one  hundred  and  twenty  days,  and 

no  longer,  in  each  year ;  provided,  that  they  may,  by  ordinance 

or  resolution,  so  arrange  their  sittings  that  the  same  may  be 

held  continuously  or  otherwise,  and  provided  further,  that  the 

Mayor  may  convene  the  City  Council  in  extra  session,  as  he  may 

now  do  by  the  fourth  section  of  the  eleventh  Article  of  the  State 

Constitution. 

Baltimore  City  v.  Gorter,  93  Md.  8. 
Ordinances   introduced   during   first    legislative   year   may    he   passed 
during  second  legislative  year.. 

Bond  V.  M.  &  C.  C,  111  Md.  364. 

P.  L.  L.,    (1860)    Art.  4,  sees.  21,  22,  23.     P.  L.  L.,    (1888)    Art.  4, 

sees.  25,  26,  27. 

217.  Each  Branch  of  the  City  (Council  may  compel  the  at- 
tendance of  absent  members,  in  such  manner  and  under  such 
penalties  as  it  may  1)V  oi'dinance  provide.     The   First  Branch 


178 

shall  appoint  its  o^^^l  President,  who  shall  preside  at  all  its 
sessions,  and  shall  vote  on  all  questions,  and  in  case  of  the 
absence,  sickness  or  other  disqualification  of  the  Mayor  and  the 
President  of  the  Second  Branch,  shall  perform  all  the  duties  of 
the  office  of  Mayor  during  the  period  in  which  the  sickness,  ab- 
sence or  disqualification  of  said  officer  shall  continue.  Each 
Branch  of  the  City  Council  shall  judge  of  the  election  and 
qualifications  of  its  ovra  members,  subject  to  appeal  by  petition 
of  the  partv  ac'S'rieved  to  the  Baltimore  Citv  Court.  With  the 
concurrence  of  three-fourths  of  the  whole  members  of  either 
Branch,  it  may  expel  any  member  for  disorderly  behavior  or 
misconduct  in  office,  but  not  a  second  time  for  the  same  offense. 
Each  Branch  shall  adopt  its  own  rules  of  procedure,  not  incon- 
sistent with  this  Article,  appoint  its  own  officers,  regulate  their 
respective  compensation  not  to  exceed  in  the  aggregate  the 
amount  appropriated  by  the  ordinance  of  estimates,  and  remove 
them  at  pleasure.  Each  Branch  shall  keep  a  journal  of  its  pro- 
ceedings, and  enter  yeas  and  nays  on  any  question,  resolution 
or  ordinance,  at  the  request  of  any  member,  and  the  delibera- 
tions of  both  Branches  shall  be  public. 

Heiskell  v.  M.  &  C.  C.  of  Baltimore,  65  Md.  125.  Zeiler  v.  Central 
Ry.  Co.,  84  Md.  304.  Balto.  City  v.  Gorter,  93  Md.  8.  Cf.,  Murdoch  v. 
Strange,  99  Md.  89. 

Potvers  of  Second  Branch  City  Council.  The  Charter  having  clothed 
the  Second  Branch  with  plenary  jurisdiction  over  an  election  contest, 
all  the  powers  necessary  to  make  the  jurisdiction  effective  are  not 
implied  as  incidentally  granted.  Rules  of  procedure  are  binding  only 
upon  members  and  upon  others  coming  within  their  sphere.  Venable  v. 
Upshur,  Daily  Record,  October  11,  1901. 

P.  L.  L..    (1860)   Art.  4,  sec.  33.     P.  L.  L.,   (1888)   Art.  4,  sec.  29. 

218.  The  Ma.yor  and  City  Council  of  Baltimore  shall  have 
power  to  pass  all  ordinances  necessary  to  give  effect  and  opera- 
tion to  all  j)owers  vested  in  the  corporation  of  the  City  of 
Baltimore. 

AGENTS  OF  THE  MUNICIPAL  CORPORATION. 

Adoption  of  Unauthorised  Acts  of  Agents.  The  municipal  corporation, 
in  the  absence  of  any  required  legislative  formality,  may  ratify  and 
adopt  a  contract  made  by  its  agents  unauthorized,  if  the  subject-matter 
thereof  be  within  its  power  and  control  and  the  contract  could  have  been 
previously  authorized  by  ordinance. 

Baltimore  v.  Weatherby,  52  Md.  442.  ^ 

Implied  Anthoriti/  of  Agents.  From  considerations  of  public  policy, 
public  corporations  such  as  states  or  municipalities,  are  exempt  in  a 
greater  degree  from  responsibility  for  implied  authority  founded  on  the 
conduct  of  those  whom  they  employ. 

Tome  V.  Parkersburg,  39  Md.  75. 


179 

Unauthorised  Acts  of  Agents.  A  municipal  corporation  cannot  be  held 
liable  for  the  unauthorized  acts  of  its  agents. 

Mayor  &  C.  C.  of  Baltimore  v.  Eschbach,  18  Md.  276. 

No  Presumption  of  Ratification.  Cities  and  other  purely  municipal 
corporations  ******  have  neither  property  or  power  for  purposes 
of  personal  aggrandizement  *********  They  are  themselves 
agents  *  *  *  *  and  are  not  to  be  presumed  to  recognize  and  incidentally 
ratify  and  confirm  acts  of  their  officers  beyond  the  scope  of  their  authority. 
Mayor,  etc.  v.  Reynolds,  20  Md.  1. 

APPROPRIATIONS. 

Appropriations  to  aid  institutions  of  a  benevolent  and  charitable  char- 
acter not  created  by  municipal  power  conferred  on  the  'Mayor  and  City 
Council  of  Baltimore,  are  unauthorized. 

St.  Mary's  Industrial  School  v.  Bi'own,  45  Md.  310. 

Color  Line.    The  state  or  a  municipality  may  lawfully  grant  aid  to  a 
private  educational  institution  from  which  colored  people  are  excluded. 
Clark  V.  Maryland  Institute,  87  Md.  64.3. 

BALLOTS. 

Appointment  of  Officers.  When  a  municipality  is.  empowered  by 
charter  to  provide  for  the  appointment  of  certain  officers,  and  an  ordi- 
nance provides  that  these  officers  shall  be  chosen  by  ballot,  then,  accord- 
ing to  the  principles  of  the  common  law,  a  blank  ballot  cannot  be  counted 
in  estimating  the  total  number  of  votes  cast ;  and  the  municipality  has 
no  power,  to  declare  by  resolution,  or  adopt  by  usage,  as  a  rule  of  pro- 
cedure, that  in  the  election  of  officers,  a  blank  ballot  shall  be  counted 
as  a  vote. 

Murdoch  v.  Strange,  99  Md.  104. 

BUILDINGS. 
Refusal  of  Permits.  A  municipal  ordinance  authorizing  a  permit  for 
a  new  building  to  be  refused  at  the  discretion  of  a  municipal  agency 
because  a  building  to  be  erected  does  not  conform  in  general  chai'acter 
to  the  other  buildings  in  the  neighborhood  of  proposed  building  is  void. 
The  Charter  power  to  regulate  buildings  in  Baltimore  City  is  limited  to 
regulations  guarding  against  dangers  arising  from  unsafe  construction 
or  from  the  use  of  inflammable  materials,  or  some  similar  exercise  of 
the  police  power. 

Bostock  V.  Saras,  95  Md.  400. 

CITY  COUNCIL. 

City  Council  Committees.    Rule  laid  down  as  to  when  the  investigation 
of  a  City  Council  Committee  will  not  be  interfered  with. 

Williams  v.  Smyrk,  Daily  Record,  February  18,  1895. 
Province  of  the  City  Council  in  rclatioii  to  power  to  pass  ordinances. 
Smyrk  v.  Sharp.  S2  Md.  97. 

Tax  Rate.     The  City  Council   is   not   authorized   to  fix  the  tax  rate 
before  the  report  of  the  Board  of  Estimates.     Right  of  the  City  Council 
to  change  appropriation  proposed  in  the  Ordinance  of  Estimates, 
Baltimore  City  v.  Gorter,  93  Md.  8. 


180 

CONTRACTS. 

Contracts  with  the  Municiixtlity.  The  rights,  powers  and  liabilities 
of  a  municipality  mii.st  be  considered  with  reference  to  the  subject-matter 
to  which  such  contracts  relate,  and  the  character  in  which  the  municipal 
body  acts  in  making  them.  But  in  respect  to  contracts  made  by  them  in 
the  exercise  of  powers  intrusted  to  them  in  their  municipal  character, 
exclusively  for  public  purposes,  courts  have  no  power  to  review  or 
control  their  acts,  unless  tliey  transcend  the  limits  of  their  delegated 
powers. 

Rittenhouse  v.  Mayor,  25  Md.  336. 

Modification   of   Contracts.     Power   of  the   municipal   corporation  to 
modify  a  contract  authorized  by  the  Legislature,  discussed  in — 
Cumberland  v.  Wilson,  50  Md.  138. 

JJltra  Vires  Contracts.  When  the  contract  is  one  which  a  municipal 
cori)oration  has  no  authority  to  make,  and  is  one  which  will  increase  the 
burden  of  taxation,  then  an  injunction  to  prevent  its  execution  may 
issue  at  the  instance  of  any  taxpayer. 

Where  a  special  power  is  conferred  upon  officers  of  a  municipal  cor- 
poration to  make  a  contract,  and  the  terms  and  conditions  upon  which 
the  authority  is  to  be  exercised  are  prescribed,  there  must  be  at  least  a 
substantial  compliance  with  such  terms  and  conditions,  or  tlie  contract 
will  be  invalid.         Baltimore  v.  Keyser,  72  Md.  109. 

Same.  When  an  Ultra  Vires  Contract  of  Municipal  Corporation  may 
hecome  valid.  When  a  contract  by  a  municipal  corporation  is  ultra  vires 
it  becomes  valid  when  subsequently  confirmed  by  the  Legislature,  if  the 
contract  is  one  which  the  Legislature  might  have  originally  authorized. 
An  injunction  will  be  granted  to  protect  and  secure  rights  acquired 
under  a  lawful  municipal  ordinance. 

C.  &  P.  Telephone  Co.  v.  Baltimore,  89  Md.  689. 

Same.  Not  an  Impairment  of  a  contract.  A  municipal  corporation 
cannot  make  a  contract  which  deprives  subsequent  municipal  authorities 
of  their  legislative  power.  The  ultra  vires  contract  of  a  municipal  cor- 
poration is  not  within  the  provision  of  the  Federal  Constitution  for- 
bidding the  impairment  of  contracts,  because  where  no  valid  contract 
exists,  there  can  be  no  impairment  of  its  obligation. 

Westminster  Water  Co.  v.  Westminster,  98  Md.  551. 

ESTOPPEL. 

Application  of  the  Doctrine  to  a  Municipal  Corporation.  The  doctrine 
of  estoppel  applied  against  the  city  in  a  case  where  the  act  done,  was 
strictly  within  the  powers  of  the  Mayor  and  City  Council  of  Baltimore, 
but  the  corporation  failed  to  comply  with  some  formality  or  regulation 
which  it  should  not  have  neglected. 

Rose  v.  Mayor,  51  Md.  256. 

FRANCHISES. 

Franchises  granted  by  the  Legislature  cannot  be  annulled  by  ordinance 
of  the  Mayor  and  City  Council  of  Baltimore. 

Lake  Roland  Elv.  R.  R.  Co.  v.  Baltimore,  77  Md.  352. 


181 

IMrROVEMENTS. 

Abandonment  of  same  by  City.  A  municipal  corporatiou  lias  the  right 
to  abandon  any  contemplated  improvement  and  repeal  at  its  pleasure 
any  ordinance  providing  for  the  same,  and  after  such  abandonment 
property  owners  cannot  compel  the  corporation  to  take  and  pay  for 
property  condemned  for  such  purposes ;  nor  does  any  action  lie  for  an 
abandonment  merely.  But  where  the  owner  of  property  suffered  loss 
or  damage  by  the  acts  or  delay  of  the  corporation  in  any  such  case,  he 
is  entitled  to  redress  for  the  same. 

Mayor  v.  Musgrave,  48  Md.  272.  Lake  Roland  Blv.  R.  R.  Co.  v.  Balti- 
more, 77  Md.  352. 

LEGISLATURE. 

Power  to  make  Valid  Defective  Municipal  Proceedings.  The  Legis- 
latui'e  in  an  act  conferring  powers  upon  a  municipal  corporation,  may 
make  valid  previous  defective  proceedings. 

M.  &  C.  C.  of  Baltimore  v.  Reitz,  50  Md.  574. 

Poicer  to  make  Valid  Ultra  Vires  Contract.  The  principle  that  the 
Legislature  may  render  valid  a  contract  made  by  a  municipal  corpora- 
tion, though  ultra  vires  at  the  time  it  was  made,  if  the  contract  is  one 
which  the  Legislature  might  originally  have  authorized,  applies  with 
peculiar  force  to  the  case  of  a  contract  relating  to  work  in  which  the 
public  is  interested  and  which  is  for  the  public  benefit  after  it  has  been 
executed. 

O'Brian  v.  Baltimore  County,  51  Md.  15. 

LICENSES. 

Poiver  to  Impose  License  Fees.  A  municipal  corporation  is  not  author- 
ized to  impose  license  fees  or  taxes  upon  particular  trades  or  industries, 
unless  the  power  to  do  so  has  been  conferred  upon  the  municipality  by 
the  State. 

Cambridge  v.  Water  Co.,  99  Md.  503. 

MARKETS. 

Police  Power.    The  right  to  regulate  markets  is  a  police  power. 

State  v.  Rowe,  72  Md.  548. 

MAYOR  AND  CITY  COUNCIL  OF  BALTIMORE. 

Nature  of  the  Corporation.  The  Mayor  and  City  Council  of  Baltimore 
are  but  trustees  of  the  public;  the  tenure  of  their  office  impresses  their 
ordinances  with  liability  to  change.  They  could  not,  if  they  would, 
pass  an  irrevocable  ordinance.  The  corporation  cannot  abridge  its 
legislative  powers. 

State  v.  Graves,  19  Md.  351.  Lake  Roland  Elv.  R.  R.  Co.  v.  Balto..  77 
Md.  352. 

Public  Convenience  and  Welfare.  When  the  power  is  conferred  upon 
the  Mayor  and  City  Council  of  lialtimore  to  do  certain  acts  when,  in  its 
opinion,  "the  public  convenience  and  welfare  require  it,"  its  .iudgment 
upon  the  question  is  final. 

Mayor,  &c.,  of  Balto.  v.  Clunet,  23  Md.  450. 


182 

ORDINANCES. 

Compihitiini  of  Onlindtwes.  It  is  competent  for  a  municipal  legisla- 
ture by  a  single  ordinance  to  declare  any  compilation  of  ordinances  or 
proposed  ordinances  to  be  in  force,  in  the  absence  of  a  statutory  pro- 
hibition. 

Garrett  v.  Janes,  65  Md.  260. 

Construction  of  Ordinances.  A  municipal  corporation  may  pass  an 
ordinance  within  the  limits  of  its  delegated  powers,  contingent  as  to  its 
operation  and  effect  on  the  existence  or  occurrence  of  facts  germane  to 
its  subject-matter.  The  same  general  rules  of  construction  which  govern 
the  interpretation  of  Acts  of  the  Legislature  are  equally  applicable  to 
the  legislative  acts  of  a  municipal  corporation. 

Mayor  v.  Hughes,  1  G.  &  J.  480.  State  ex.  rel.  Mayor  v.  Kirkley  et  al. 
29  Md.  85. 

General  Ordinances.  Rights  of  a  citizen  under  general  ordinances — ■ 
When  a  citizen  is  entitled  to  certain  rights  under  a  general  municipal 
ordinance,  he  cannot  be  deprived  of  them  by  a  resolution  of  the  City 
Council  which  excepts  him  from  the  operation  of  the  ordinance,  but 
leaves  it  in  force. 

Gallagher  v.  Flury,  99  Md.  181. 

Neto  Charter. — Its  effect  upon  existing  ordinances. 

Bostock  V.  Sams.  95  Md.  400. 
Ordinance  of  Estimates.     Powers  of  City  Council  and  Board  of  Esti- 
mates in  relation  thereto  under  the  New  City  Charter. 
Baltimore  City  v.  Gorter,  93  Md.  8. 

Ordinances. — An  ordinance  has  all  the  force  of  statute  law  upon  the 
City  itself  and  all  its  citizens,  and  it  can  no  more  be  ignored  by  the 
municipal  corporation  or  any  of  its  branches  of  government,  than  it 
could  be  by  the  humblest  citizen. 

Bond  v.  Malster,  Daily  Record,  July  6,  1899. 

Preamhle  of  Ordinance  or  statute,  may  be  a  key  to  its  proper  construc- 
tion and  interpretation. 

Mayor  v.  Moore,  6  H.  &  J.  381. 

Recitals  in  Ordinances  of  Basis  of  Power  Unnecessary.  Where  the 
power  actually  exists  to  pass  an  ordinance,  no  power  need  be  stated 
therein  as  its  basis. 

Methodist  Protestant  Church  v.  Mayor,  &c.,  6  Gill  391.  Baltimore  v. 
Ulman.  79  Md.  384. 

Repealing  Ordinances.    A  repealing  ordinance  cannot  affect  or  destroy 
any  right  which  was  acquired  under  the  first  ordinance  before  its  repeal. 
McMechin  v.  Mayor.  2  H.  &  J.  41 :  3  H.  &  J.  .534. 
Same.     Priority  Bettccen  Ordinances.     Repeal  of  ordinances  by  impli- 
cation. Smyrk  v.  Sharp,  82  Md.  97. 

Validity  of  Ordinances.     An  ordinance  is  not  invalid  and  void  simply 
because  in  its  passage  the  rules  of  procedure  of  the  City  Council  have 
been  violated,  and  the  Court  cannot  inquire  into  such  violation. 
Zeiler  v.  Hooper,  Daily  Record,  Sentemher  23,  1896. 


183 

Violation  of  Municipal  Ordinances.  When  restrained.  The  violation 
of  a  municipal  ordinance  will  not  be  restrained  by  injunction  at  the 
instance  of  a  party  who  does  not  show  tliat  such  violation  will  work 
some  special  or  irreparable  injury  to  him. 

King  V.  Hamill,  97  Md.  103. 

Void  Ordinances.  Where  a  municipal  corporation  is  seeking  to  enforce 
a  void  ordinance,  a  court  of  equity  has  jurisdiction,  at  the  suit  of  any 
person  injuriously  affected  thereby,  to  stay  its  execution  by  injunction. 

Baltimore  v.  Radecke,  49  Md.  217.  Baltimore  v.  Scharf,  54  Md.  526. 
Deems  v.  Mayor  &  C.  C.  of  Balto.,  SO  Md.  172. 

POWERS   OF   MUNICIPALITY. 

Definition  and  Discussion  of  the  Various  Municipal  Powers.  Control 
of  the  Legislature  over  corporate  powers. 

M.  &  C.  C.  of  Baltimore  v.  State,  15  Md.  376.  Glenn  v.  Mayor,  5 
G.  &  J.  424. 

A  Municipal  Corporation  cannot  abridge,  diminish  or  enlarge  its  own 
powers  by  a  rule  made  by  itself. 

Heiskell  v.  M.  &  C.  C.  of  Baltimore,  65  Md.  125. 

Construction  of  Powers.  The  powers  of  a  public  corporation  are  to  be 
strictly  construed. 

Baltimore  v.  Gill,  31  Md.  375. 

Delegated  Powers. 

Mayor,  &c.  v.  Hughes,  1  G.  &  J.  480. 

Exercise  of  Powers.  Ordinances  passed  in  exercise  of  particular 
powers.  The  exercise  of  a  power  delegated  to  the  municipality  for  the 
l>ublic  good,  is  imperative  and  not  discretionary.  What  constitutes  a 
valid  exercise  of  a  power  delegated  to  the  Mayor  and  City  Council  of 
Baltimore. 

Glenn  v.  Mayor,  5  G.  &  J.  424.  Mayor,  &c.  v.  Marriott,  9  Md.  160. 
Deems  v.  M.  &  C.  C.  of  Baltimore,  80  Md.  172. 

Same.  Power  to  Provide  for  Exercise  of  a  Delegated  Power.  The 
possession  of  a  power  by  a  corporation  to  do  an  act,  is  of  itself  the  pos- 
session of  the  right  to  provide  for  the  doing  of  the  act  by  agents.  But 
the  giving  of  a  power  to  a  corporation,  and  the  authority  to  provide  for 
the  exercise  of  the  power,  are  different.  The  authority  to  provide  for 
the  exercise  of  a  power  not  being  the  possession  of  the  power  itself,  but 
a  right  only  to  confer  it,  or  to  authorize  the  exercise  of  it  by  others. 
Mayor,  &c.,  Balto.  v.  Howard,  6  H.  &  J.  389. 

Legislature.  When  the  Mayor  and  City  Council  of  Baltimore  are 
liresuuied  to  have  all  the  power  of  the  Legislature  in  a  particular  case. 

Harrison  v.  Mayor,  1  Gill.  264. 

Limitation  on  Exercise  of  Munivipal  Powers.     The  corporate  authori- 
ties of  the  city  can  exercise  no  power  which  is  not,  in  express  tei'ms,  or 
hy  f;iir  and  reasonable  implication,  conferred  \\\)o\\  th»>  corporation. 
St.  Mary's  Industrial  School  v.  Brown,  45  Md.  310. 


184 

Police  Power.  Tlie  power  of  the  municipality  in  relation  to  streets  is 
classed  as  belonj^inj:  to  the  police  power;  it  is  the  duty  of  the  city  to 
preserve  them  ft)r  lejiitiniate  purposes. 

Lake  Rol.  Elv.  K.  K.  Co.  v.  Balto.,  77  Md.  352.  Deems  v.  M.  &  C.  C. 
of  Balto.,  SO  Md.  172. 

Power  to  Regulate  does  not  include  Power  to  Prohibit.  The  power 
given  to  a  municipality  to  regulate  the  manner  of  doing  a  thing,  does 
not  include  the  power  to  prohibit  altogether  the  doing  of  the  thing.  The 
power  given  by  statute  to  the  Mayor  and  City  Council  of  Baltimore  to 
regulate  the  manner  of  appointing  persons  to  office  under  the  corpor- 
ation does  not  embrace  a  power  to  destroy  the  right  of  the  Mayor  to 
nominate  such  officers,  subject  to  confirmation  by  the  City  Council,  when 
such  right  is  expressly  conferred  by  statute  upon  the  Mayor. 

Hooper  v.  Creager,  84  Md.  256. 

QUORUM. 
A  Majority  of  a  legislative  body  is  in  all  cases  a  quorum,  entitled  to 
act  for  the  whole,  except  when  the  power  that  created  it  has  otherwise 
directed.    A  majority  of  the  members  of  each  Branch  of  the  City  Council 
of  Baltimore  is  a  quorum. 

Zeiler  v.  Central  Ry.  Co.,  84  Md.  304. 

TAXING  POWER. 

Belongs  to  Legislature.  The  taxing  power  belongs  to  the  Legislature 
and  it  will  not  be  held  as  conferred  upon  a  municipal  corporation  unless 
it  be  by  express  and  unequivocal  language  or  necessary  implication. 

State  V.  Rowe.  72  Md.  548. 

ULTRA  VIRES  ACTS. 
Incapable   of  Ratification.    Where   the   Mayor   and   City   Council   of 
Baltimore  has  no  power  to  authorize  an  a*ct  to  be  done,  it  being  ultra 
vires,  it  has  no  power  to  adopt  it  after  it  is  done. 

Horn  V.  Mayor,  30  Md.  218. 

The  necessity  and  reasonableness  of  the  passage  of  an  ordinance  is 
primarily  committed  to  the  Council,  and  unless  the  ordinance  is  purely 
arbitrary,  oppressive  and  capricious,  the  Courts  will  not  interfere  to 
prevent  its  enforcement. 

Baltimore  v.  WoUman,   123  Md.  310. 

P.  a.  L.,  (1860)  Art.  37,  sec.  48.    P.  L.  L..-  (1888)  Art.  4,  sec.  15. 

219.  Ordinances  and  resolutions  of  the  Mayor  and  City 
Council  of  Baltimore  may  be  read  in  evidence  from  the  printed 
volumes  thereof  published  by  authority  of  said  corporation. 

Garrett  v.  Janes,  65  Md.  265.  Central  Savings  Bank  v.  Baltimore,  71 
Md.  523. 

In  relation  to  construction  of  sec.  219.  see  also.  Shanfelter  v.  Mayor, 
etc.,  80  Md.  487.     Field  v.  Malster,  88  Md.  704. 

220.  The  style  of  all  ordinances  shall  be  :  ''Be  it  ordained 
by  the  Mayor  and  Citv  Council  of  Baltimore." 


185 

221.  Every  legislative  act  of  the  Mayor  and  City  Council  of 
Baltimore  shall  be  by  ordinance  or  resolution.  No  ordinance  or 
resolution  shall  be  passed  except  by  a  vote  of  a  majority  of  all 
the  members  elected  to  each  Branch,  and  on  its  final  passage  the 
vote  shall  be  taken  by  yeas  and  nays,  the  names  of  members 
voting  for  and  against  the  same  being  entered  on  the  journal. 
Every  ordinance  enacted  by  the  city  shall  embrace  but  one 
subject,  which  shall  be  described  in  its  title,  and  no  ordinance 
shall  be  revived,  amended  or  re-enacted  by  mere  reference  to  its 
title,  but  the  same  shall  be  set  forth  at  length,  as  in  the  original 
ordinance.  And  no  ordinance  shall  become  effective  until  it  be 
read  on  three  different  days  of  the  session  in  each  Branch,  unless 
all  the  members  elected  to  the  Branch  where  such  ordinance  is 
pending  shall  so  determine  by  yeas  and  nays,  to  be  recorded  on 
the  Journal,  and  no  ordinance  shall  be  read  a  third  time  until 
it  shall  have  been  actually  engrossed  for  a  third  reading. 

Glenn  v.  M.  &  C.  C.  of  Baltimore,  5  G.  &  J.  424,  429.  Central  Savings 
Bank  V.  Balto.,  71  Md.  523.  Baltimore  City  v.  Gorter,  93  Md.  8.  C/., 
Dreunen  v.  Bank,  80  Md.  316.  Whitman  v.  Stoll,  SO  Md.  417.  Baltimore 
City  V.  Stewart,  92  Md.  547.  Sindall  v.  Baltimore  City,  93  Md.  526. 
Hagerstown  v.  Startzman,  93  Md.  612.  Ordinances  inti-oduced  during 
first  legislative  year  may  be  passed  during  second  legislative  year. 
Bond  V.  M.  &  C.  C,  111  Md.  364. 
As  to  sufficiency  of  title,  see, 

Baltimore  v.  Wollman,  123  Md.  310. 

222.  In  case  it  becomes  necessary  for  the  President  of  the 
Second  Branch  to  fill  the  unexpired  term  of  the  Mayor,  as  herein 
provided,  the  Second  Branch  shall  thereupon  elect  a  new  Presi- 
dent for  the  unexpired  term,  but  they  shall  not  elect  as  such 
President  one  of  their  own  number. 

MISCELLANEOUS  LOCAL  LAWS. 

ADVERTISEMENTS. 

1908,  ch.  142. 

222a.  That  whenever  the  Mayor  and  City  Council  of  Balti- 
more or  any  official,  ofiicer,  employee,  agent  or  agency  thereof, 
shall  be  required  or  authorized  under  the  provisions  of  any 
general  or  local  law,  or  ordinance,  now  in  force  or  hereafter  to 
be  enacted  or  adopted,  to  publish  a  notice  of  any  description 
what.soever  in  more  than  one  newspaper,  one  of  siu^h  news- 
papers, in  the  discretion  of  the  said  municipal  corporation,  or  of 
the  said  official,  officer,  employee,  agent  or  agency  thereof,  may 
be  a  newspaper  published  in  the  German  language,  and  such 


186 

publication  shall  under  such  circumstances  have  the  same 
validity  in  all  respects  as  if  such  newspaper  was  published  in 
the  English  language,  but  nothing  in  this  Act  shall  be  taken  as 
affecting  the  provisions  of  section  49  of  Article  4,  title  "City  of 
Baltimore,''  of  the  Code  of  Public  Local  Laws  of  Maryland. 

1914,  ch.  477. 

222b.  That  any  notice  or  advertisement  required  by  any 
law  or  ordinance  to  be  published  once  in  a  daily  newspaper  by 
any  department,  sub-department,  municipal  officer  not  embraced 
in  a  department,  or  special  commission  or  board  of  the  Mayor 
and  City  Council  of  Baltimore,  or  by  any  other  party,  may  here- 
after be  published  in  the  Municipal  Journal,  issued  by  the 
Mayor  and  City  Council  of  Baltimore,  instead  of  in  a  daily 
newspaper.  Any  such  advertisement  or  notice  required  by  any 
law  or  ordinance  to  be  inserted  once  or  more  than  once  in  two 
01"  more  daily  newspapers  published  in  the  City  of  Baltimore 
may  hereafter  be  inserted  in  one  daily  newspaper  published  in 
said  city,  the  number  of  times  required  by  such  law  or  ordi- 
nance, and  in  every  issue  of  the  Municipal  Journal  published 
during  the  time  said  advertisement  or  notice  is  running.  Any 
advertisement  or  notice  which  is  hereafter  published,  as  herein- 
above directed,  shall  have  the  same  legal  effect  as  if  it  had  been 
published  in  strict  conformity  to  the  law  or  ordinance  requir- 
ing such  publication,  as  such  law  or  ordinance  existed  prior  to 
the  passage  of  this  Act.  And  all  laws  and  parts  of  laws,  and 
all  ordinances  and  parts  of  ordinances  inconsistent  with  this 
Act  are  hereby  repealed  to  the  extent  of  such  inconsistency, 
provided  that  nothing  contained  herein  shall  affect  the  provision 
of  any  law  requiring  any  advertisement  to  be  inserted  in  a  paper 
published  in  the  German  langiiage,  and  nothing  herein  shall 
prevent  the  Mayor  and  City  Council  of  Baltimore,  or  any  de- 
partment, sub-department,  municipal  officer  not  embraced  in  a 
department,  or  special  commission  or  board  from  inserting  any 
advertisement  or  notice  in  one  or  more  than  one  daily  news- 
paper published  in  the  City  of  Baltimore,  in  addition  to  the 
advertisement  herein  provided  for  in  the  Municipal  Journal, 
whenever  in  its  or  their  judgment  such  additional  advertisement 
should  be  made. 

ARBITPtATION— COURT  OF. 

1878,  ch.  383.    P.  L.  L.,  (1888)  Art.  4,  sec.  65. 

223.  The  Board  of  Trade  shall  have  power  and  authority  to 
create  and  organize  within  itself  a  Court  of  Arbitration  for  the 


187 

adjudication  and  settlement,  according  to  the  principles  of  law, 
equity  and  commercial  usage,  or  of  either,  applicable  thereto,  of 
any  and  all  controversies  concerning  or  growing  out  of  contracts 
of  sale,  manufacturing  or  letting  on  rent ;  of  the  making  or 
negotiating  or  transfer  of  bills  of  exchange,  promissory  notes, 
bills  of  lading,  railroad,  warehouse  or  similar  receipts,  and  other 
such  commercial  paper;  of  guaranties,  of  agency,  of  bailment, 
of  partnership,  of  insurance,  of  affreightment,  or  of  any  other 
transaction,  of  whatever  specific  class,  pertaining  to  trade,  com- 
merce, navigation,  manufactures  or  mechanical  arts,  or  business 
connected  with  any  of  these,  or  contracts  for  personal  work, 
labor  and  service  done  or  rendered,  or  to  be  done  or  rendered,  in 
and  about  the  pursuit  and  transactions  of  trade,  commerce, 
navigation,  manufactures  or  mechanical  arts,  one  or  more  of  the 
parties  to  which  controversies  is  or  are  members  of  the  said 
corporation,  in  all  cases  wherein  such  controversy  is  by  the  con- 
sent of  all  the  parties  thereto,  signified  by  a  submission  in  writ- 
ing, referred  for  adjudication  and  settlement  to  said  court. 

As  to  rule  when  Public  Local  and  Public  General  laws  conflict,  see, 
Everett  \.  Avery,  19  Md.  143.  Mayor  v.  Groshon,  30  Md.  436.  Cooper 
V.  Holmes,  71  Md.  20.  McCraeken  v.  State,  71  Md.  54.  State  v.  Falken- 
ham,  73  Md.  466,  467.  Hooper  v.  Creager,  84  Md.  259.  Herbert  v.  Co. 
Com'rs,  Balto.  Co.,  97  Md.  639. 

1878.  ch.  383.     P.  L.  L.,   (1888)   Art.  4,  sec.  66. 

224.  In  order  to  the  due  and  effective  execution  of  the  power 
in  the  next  preceding  section  granted,  the  said  corporation  shall 
have  the  further  power,  either  directly  in  corporate  meeting, 
whether  the  regular  annual  meeting  or  a  special  meeting  called 
for  the  purpose  by  reasonable  notice  to  all  the  members,  of  the 
time,  place  and  object  thereof,  by  advertisement  in  one  or  more 
of  the  daily  newspapers  of  the  City  of  Baltimore,  or  else  by  dele- 
gation, in  such  meeting,  by  rule  or  otherwise,  made  through  the 
officers  and  directors,  constituting  the  Board  of  Directors  or 
management  of  said  corporation,  in  either  case  by  the  con- 
curring votes  of  a  majority  of  the  members  of  said  corporation 
or  Board  of  Directors,  as  the  case  shall  be,  present  at  such  meet- 
ing of  the  one  or  the  other  for  the  purpose — pro^'ided  there  be 
then  and  there  a  quorum  present,  as  constituted  by  the  Constitu- 
tion, Articles  of  Association  or  By-Laws  of  the  said  corporation 
or  Board  of  Directors — from  time  to  time  to  elect  from  among 
those  persons  who  have  been,  or  before  any  such  election  shall 
have  been,  admitted  to  practice  law  in  this  State,  one  learned  in 
the  law  and  possessing  such  other  qualifications  as  the  said  cor- 
poration sli;ill,  by  rule  or  regulation,  as  hereinafter  empowered. 


188 

prescribe,  whether  such  person  be  a  member  of  said  corporation 
or  not,  unless  otherwise  provided  by  such  rule  or  regulation,  as 
Judge  of  the  said  Court  of  Arbitration,  and  also  to  elect  in  like 
manner,  or  to  provide  for  the  election  or  appointment  of  a  Clerk 
of  the  said  Court;  and  shall  have  power  also,  by  rules  and  regu- 
lations duly  adopted  by  the  said  corporation  in  such  corporate 
meeting  as  aforesaid,  or  by  the  delegation  of  said  corporation  in 
such  meetings  made  by  its  said  Board  of  Directors  to  define  the 
duties,  powers  and  functions  of  the  said  Judge  and  of  the  said 
Clerk,  and  of  any  other  members  or  officers  of  the  said  Court  of 
Arbitration  provided  for  as  hereinafter  is  authorized,  and  to 
determine  the  jurisdiction  of  the  said  Judge,  original  and  ap- 
pellate, whether  sitting  alone  or  with  laymen,  members  of  the 
said  corporation  associated  with  him,  and  to  fix  the  term  of  time 
for  which  the  said  Judge  and  the  said  Clerk,  respectively,  shall 
be  elected,  and  the  terms  and  conditions  upon  which  each  shall 
hold  or  continue  to  hold  his  office,  and  the  amount  and  mode  of 
the  compensation  of  each,  not  to  be  diminished,  however,  during 
the  currency  of  the  term  of  office;  to  provide  for  the  appoint- 
ment of  .temporary  substitutes  for  the  said  Judge  and  the  said 
Clerk,  or  either,  when  from  any  cause  this  shall  be  necessary  for 
the  prompt  administration  of  the  justice  of  the  court,  and  also 
for  the  appointment  of  lay  arbitrators  as  members  of  the  said 
corporation,  for  the  hearing  and  determination  of  a  particular 
case,  either  in  the  first  instance  with  right  to  the  parties,  or 
either  or  them,  to  appeal  to  the  said  Judge,  or  as  assessors 
associated  with  the  said  Judge  when  parties  so  choose,  and  to 
define,  in  such  cases,  the  powers,  duties  and  authority  of  such 
lay  arbitrators  or  assessors;  and  also  prescribe  the  forms  and 
modes  of  application,  procedure,  pleading,  practice,  trial  and 
process  in  the  said  court,  in  all  the  necessary  details  thereof,  and 
the  effect  of  the  awards  and  judgments  or  decisions  of  the  said 
court,  as  to  the  finality  or  conclusiveness  or  otherwise  thereof, 
and  the  methods  and  means  of  securing  compliance  therewith  by 
the  parties;  and  also  to  regulate  the  costs  and  fees  to  be  paid  by 
the  parties  to  any  such  controversy,  so  submitted,  and  the 
amount  and  time  and  manner  of  payment  thereof,  and  the  dis- 
position of  such  costs  and  fees ;  provided,  however,  that  no  such 
rule  or  regulation  shall  be  valid  if  it  shall  be  contrary  to  the 
general  law  of  the  State,  or  to  natural  right  or  sound  reason,  or 
to  be  intended  to  provide  for  enforcing  payment  or  other  per- 
formance of  the  award,  judgment  or  decision  of  the  said  Court 
or  Board  of  Arbitration  by  any  final  process  of  execution  other- 
wise than  is  directed  in  the  succeeding  section. 


189 

187S,  ch.  383.     P.  L.  L.,   (1888)  Art.  4,  see.  67. 

225.  When,  in  any  such  case  so  submitted  as  is  hereinbefore 
provided,  an  award,  judgment  or  decision  shall  have  been  ren- 
dered by  the  said  Court  or  Board  of  Arbitration,  that  is,  accord- 
ing to  the  rules  and  regulations  hereinbefore  authorized,  final 
and  conclusive  upon  the  parties,  and  shall  have  been  recorded  by 
the  Clerk  of  the  said  Court  in  a  book  to  be  provided  and  kept  for 
the  purpose  within  a  time  limited  therefor  in  the  said  rules  and 
regulations,  the  successful  party  shall  have  the  right  to  have  the 
said  original  award,  judgment  or  decision  in  writing,  signed  by 
those  members  of  the  said  Court  or  Board  concurring  therein, 
and  duly  certified  by  the  Clerk  to  be  the  original  award,  judg- 
ment or  decision,  under  his  hand  and  seal  of  the  corporation; 
and  if  the  said  award,  judgment  or  decision,  shall  be  for  the 
recovery  by  the  one  party  and  pajmient  to  him  by  the  other,  of  a 
certain  sum  of  money,  the  said  successful  party  shall,  upon  his 
filing  the  said  award,  judgment  or  decision  so  certified,  with  the 
Clerk  of  the  Superior  Court  of  Baltimore  City,  or  at  his  option 
with  the  Clerk  of  the  Court  of  Common  Pleas  of  said  city,  have 
the  right  to  have  the  same  entered  by  its  proper  style,  in  the 
name  of  such  successful  party  as  plaintiff,  against  the  losing 
party  as  defendant,  in  its  order  of  time,  upon  the  court  calendar 
or  docket  of  causes  to  be  called  at  the  next  succeeding  term  or 
rule  day  of  said  court,  whichever  shall  first  occur,  and  upon  the 
call  thereof  in  its  course,  to  have  judgment  at  once  ordered  and 
entered  up,  as  upon  a  verdict  for  the  recovery  of  the  same 
amount,  according  to  the  practice  of  said  court,  and  to  have 
process  of  execution  for  its  enforcement  and  satisfaction  in  all 
respects  as  if  the  said  amount  had  been  recovered  by  a  judg- 
ment of  the  said  court  in  a  regular  suit  between  the  same  parties 
in  the  same  relative  position  on  the  record,  there  instituted  and 
prosecuted  in  the  ordinary  modes  of  proceeding  therein ;  but  if 
the  said  award,  judg-ment  or  decision  shall  be  for  the  recovery 
by  the  one  party,  and  the  surrender  or  delivery  by  the  other  to 
him  of  the  possession  of  specific  property,  the  said  successful 
party,  upon  filing  such  award,  judgment  or  decision,  so  certified 
as  aforesaid,  with  the  Clerk  of  the  Circuit  Court  of  Baltimore 
City,  or  such  other  court  therein  as  shall  at  the  time  have  juris- 
diction there  of  causes  in  equity,  shall  have  the  right,  on  or  at 
any  time  after  the  first  day  of  the  next  succeeding  term,  or  on 
or  at  any  time  after  the  next  succeeding  rule  day  of  the  said 
court,  whichever  shall  first  occur,  to  have,  upon  motion  therefor, 
an  order  made  by  the  said  court,  affirming  the  said  award,  judg- 
ment or  decision,  and  making  the  same  a  decree  of  the  said 


190 

court,  aud  to  have  the  same  enforced,  if  the  recovery  be  of  the 
possession  of  hmd,  freehold  or  leasehold,  by  a  writ  in  the  nature 
of  a  writ  of  habere  facias  possessionem,  such  as  the  said  Court 
is  authorized  to  issue  for  the  purpose  of  putting  a  purchaser 
under  its  decree  in  possession  of  the  land  purchased  by  him,  and 
to  be  executed  in  the  same  manner  and  by  the  same  officer 
against  such  losing  party  to  such  award,  judgment  or  decision, 
and  any  and  all  and  every  other  person  in  possession  of  said 
land,  claiming  the  same  bv  virtue  of  a  title  derived  from, 
through  or  under  such  losing  party,  and  acquired  subsequently 
to  the  date  of  such  award,  judgment  or  decision,  which  said 
writ  the  said  court  is  authorized  and  empowered  to  issue  for  this 
purpose  upon  application  in  writing  of  such  successful  party  to 
the  said  award,  judgment  or  decision,  in  person  or  by  attorney, 
verified  by  the  affidavit  of  himself  or  his  attorney,  unless  good 
cause  to  the  contrary  shall  be  shown  by  such  party  in  possession 
within  not  less  than  fifteen  or  more  than  thirty  days  after  notice 
in  writing  of  such  application  served  upon  such  party  in  pos- 
session in  person ;  and  if  the  recovery  be  of  the  possession  of 
personal  chattels,  by  such  process  of  execution  and  compulsion 
as  in  the  chancery  practice  of  this  State,  is  usual  and  proper  for 
the  enforcement  of  a  decree  for  the  specific  delivery  of  personal 
chattels. 

ARBITRATION   COMMITTEE    OF   THE    CORN"   AND 

FLOUR  EXCHANGE. 

1870,  ch.  136.     P.  L.  L.,   (1888)   Art.  4,  sec.  68. 

226.  The  Board  of  Directors  of  the  Corn  and  Flour  Ex- 
change shall  annually  elect  by  ballot,  five  members  of  the  asso- 
ciation, who  are  not  members  of  the  Board,  as  a  committee,  to 
be  known  as  the  Arbitration  Committee  of  the  Baltimore  Corn 
and  Flour  Exchange.  The  Board  of  Directors  may,  at  any 
time,  fill  any  vacancy  in  said  conmaittee  for  the  remainder  of 
the  term  in  which  such  vacancy  may  happen.  The  duty  of  the 
Arbitration  Committee  shall  be  to  hear  and  decide  any  contro- 
versies which  may  arise  in  business  between  the  members  of 
said  organization  or  said  members  and  other  persons  as  may  be 
voluntarily  submitted  to  the  said  committee  for  arbitration ; 
and  such  members  and  persons  may  by  an  instrument  in  writing, 
signed  by  them  and  attested  by  a  subscribing  witness,  agree  to 
submit  to  the  decision  of  said  committee  any  such  controversy 
so  arising  as  might  be  the  subject  of  an  action  at  law  or  in 
equity,  except  claims  of  title  to  real  estate. 


191 

1870,  ch.  136.     P.  L.  L.,   (1888)  Art.  4,  sec.  69. 

227.  The  mode  of  proceeding  of  said  Arbitration  Com- 
mittee, shall  be  regulated  by  the  by-laws  of  the  corporation, 
which  shall  be  substantially  complied  with  in  all  cases,  without 
prejudice,  however,  to  any  award  from  merely  formal  irregu- 
larity. The  said  committee  shall  have  power  to  apply  to  any 
Justice  of  the  Peace  for  the  City  of  Baltimore  to  issue  subpoenas 
and  other  compulsory  process  to  procure  the  attendance  of 
witnesses  before  it;  and  all  justices  so  applied  to  in  writing, 
signed  by  the  chairman  or  acting  chairman  of  said  committee, 
shall  issue  such  process  forthwith,  the  cost  of  the  same,  and  of 
the  attendance  of  the  witnesses  so  summoned,  to  be  the  same  as 
in  civil  suits  before  such  justices,  and  to  be  collectible  from  the 
parties  on  whose  behalf  the  said  witnesses  shall  be  summoned 
and  attend,  in  the  same  manner  and  by  the  same  means,  as  if 
adjudged  to  be  paid  by  a  judgment  of  the  justice  who  shall  act 
in  the  premises  in  a  civil  suit  between  the  same  parties  depend- 
ing before  him.  A  majority  of  said  committee  may  act  in  all 
cases,  and  a  majority  of  such  majority  shall  have  power  to 
render  an  award  in  the  name  of  and  as  an  act  of  the  committee. 
No  dissenting  award  or  opinions  shall  be  rendered  or  placed 
among  the  proceedings,  or  upon  the  records  of  the  committee  or 
the  corporation ;  the  award  of  the  committee  rendered  in  con- 
formit}-  herewith,  and  as  prescribed  by  the  by-laws,  shall  be 
conclusive  on  all  parties  to  the  submission.  It  shall  in  all  cases 
be  in  writing,  signed  by  the  members  of  the  committee  who 
agreed  upon  it,  and  tiled  among  the  proceedings  of  the  commit- 
tee, but  copies  shall  be  given  by  the  secretary,  with  his  attesta- 
tion and  the  seal  of  the  corporation  attached,  to  the  respective 
parties,  as  soon  as  may  be  after  said  award  shall  have  been 
rendered. 

As  to  setting  aside  an  award  under  arbitration,  see,  Mitcliell  v.  Price, 
Daily  Kecord,  February  10,  1894.  In  relation  to  arbitration  and  award, 
see  also,  Koberts  v.  Consumers'  Can  Co.,  102  Md.  302. 

1870,  ch.  i;;(').     P.  L.  L.,   (1888)  Art.  4,  sec.  70. 

228.  If  the  parties  to  any  submission  shall  agree  to  do  so 
they  may  stipulate  as  part  of  said  submission,  in  writing,  that 
the  award  of  the  committee  rendered  in  conformity  herewith 
and  with  the  by-laws,  shall  stand  and  avail  as  against  them  to 
the  same  effect  as  a  judgment  or  decree  of  a  court  of  competent 
jurisdiction,  in  which  case  either  party  desiring  and  entitled  to 
the  enforcement  of  said  award,  may  file  a  copy  of  the  same  and 
of  the  submission,  attested  under  seal  by  the  secretary  of  the 


192 

corporation,  for  record  with  the  clerk  of  any  court  of  tliis  State 
having  jurisdiction  of  the  subject-matter,  and  the  person  against 
whom  said  enforcement  is  sought ;  and  thereupon  it  shall  be  the 
duty  of  said  court,  on  motion  or  application,  ex  parte,  at  any 
time  after  ten  days  from  the  filing  of  the  award,  to  enter  judg- 
ment or  decree  thereupon,  as  upon  a  final  award  made  by 
referees  under  rule  of  court ;  upon  which  judgment  or  decree, 
execution  shall  issue  without  stay.  No  matter  afi^ecting  the  title 
of  real  estate,  however,  shall  be  submitted  to  or  arbitrated  by 
the  said  committee  under  this  or  the  preceding  section,  but  the 
committee  may  direct  in  its  award  the  payment  of  the  costs  and 
expenses  of  the  arbitration,  and  the  amount  thereof  shall  be 
embraced  as  a  principal  sum  in  the  judgment  or  decree  to  be 
rendered;  if  awarded,  to  be  paid  by  the  party  against  whom, 
such  judgment  or  decree  is  sought.  No  judgment  or  decree 
rendered  on  any  such  award  shall  be  liable  to  be  stayed,  except 
upon  allegation,  under  oath  of  the  defendant,  of  manifest  fraud 
in  the  procurement  or  rendition  of  the  award,  or  of  a  material 
and  substantial  failure  of  the  committee  specifically  alleged  and 
set  fortli,  to  comply  with  the  by-laws  or  sections  226  or  227,  in 
the  hearing  and  determination  of  the  matters  submitted ;  nor 
shall  any  such  judgment  or  decree  be  quashed,  modified  or 
stricken  out,  except  upon  satisfactory  proof  of  the  matters  so 
required  to  be  so  alleged ;  neither  shall  there  be  any  appeal  in 
any  case  from  the  original  judgment,  order  or  decree,  whereby, 
after  a  hearing  of  the  allegations  and  proofs  as  aforesaid,  the 
said  original  judgment  or  decree  shall  be  maintained. 

ASSAULT  AND  BATTERY. 

p.  L.  L.,  (1860)  Art.  4,  sec.  155.    P.  L.  L.,  (1888)  Art.  4,  sec.  71. 

229.  Any  person  who  shall,  without  any  provocation,  assault 
and  beat  any  person  in  any  of  the  streets,  lanes,  alleys  or 
highways  of  the  City  of  Baltimore,  or  at  any  place  of  public 
resort  or  amusement,  between  the  hours  of  six  o'clock  in  the 
evening  and  six  o'clock  the  following  morning,  or  who  shall 
counsel,  aid  or  abet  in  such  assault  and  battery,  shall  be  fined  in 
a  sum  not  less  than  twenty-five  dollars  and  be  imprisoned  not 
less  than  one  month,  or  the  Judge  of  the  Criminal  Court  of 
Baltimore  City,  or  the  judge  having  jurisdiction  of  the  ofi^ense, 
may,  in  hiS  discretion,  sentence  the  person  convicted  of  such 
offense  to  confinement  in  the  penitentiary  for  a  period  not  less 
than  six  months  nor  more  than  two  years. 

P.  L.  L.,  (1860)  Art.  4,  sec.  156.    P.  L.  L.,  (1888)  Art.  4,  sec.  72. 

230.  It  shall  not  be  necessary  to  state  with  more  particu- 


193 

larity  than  is  now  necessary  in  proceedings  for  assaults  and 
batteries,  the  time  or  phice  of  such  assault  and  battery  in  the 
recognizance  or  commitment  on  which  the  said  person  is  tried, 
but  the  said  person  may  be  tried  on  a  recognizance  or  commit- 
ment for  a  common  assault  and  battery,  and  shall  be  sentenced 
by  the  court  according  to  the  facts  proved  at  the  trial. 

P.  L.  L.,   (1860)  Art.  4,  sec.  157.     P.  L.  L.,   (1S88)  Art.  4,  sec.  73. 

231.  In  case  the  said  person  is  tried  upon  a  presentment  or 
indictment,  it  shall  only  be  necessary  to  allege  in  the  present- 
ment or  indictment  that  the  offense  was  committed  between  the 
hours  aforesaid,  and  that  it  was  committed  on  a  highway  in 
the  City  of  Baltimore,  or  at  a  place  of  public  resort  or  amuse- 
ment, without  setting  forth  said  highway  or  place  of  public 
resort  or  amusement  by  name. 

AUCTIOISrS. 

'  232.     Repealed  by  Act  of  1900,  Chapter  208. 

233.  Repealed  by  Act  of  1900,  Chapter  208. 

234.  Repealed  by  Act  of  1900,  Chapter  208. 

P.  L.  L.,  (I860)  Art.  4,  sec.  88.    P.  L.  L.,  (1888)  Art.  4,  sec.  77. 

235.  The  duties  shall  be  calculated  on  the  sums  for  which 

the  property  or  goods  so  exposed  to  sale  shall  be  respectively 

struck  off,  and  shall  in  all  cases  be  paid  by  the  person  making 

the  sale. 

State  V.  Hoboken  Bank,  84  Md.  325. 

P.  L.  L.,   (1860)  Art.  4,  sec.  89.    P.  L.  L.,  (1888)  Art   4.  sec.  78. 

236.  E'o  duties  shall  be  chargeable  upon  any  goods,  wares, 
merchandise  or  other  property  sold  by  any  auctioneer  at  pri- 
vate sale  on  the  days  of  his  public  auction,  or  unless  the  same 
be  part  of  what  was  offered  for  sale  at  said  public  auction  or 
was  advertised  to  be  sold  thereat. 

P.  L.  L.,  (1860)  Art.  4,  sec.  90.    P.  L.  L.,  (18S8)  Art.  4,  sec.  79. 

237.  The  duty  imposed  on  all  sales  of  lands,  tenements  and 
hereditaments,  or  of  any  interest  therein,  at  public  auction  in 
the  City  of  Baltimore,  shall  be  a  lien  on  the  said  property 
when  sold  as  aforesaid. 

State  V.  Hoboken  Bank,  84  Md.  325. 
(8) 


194 

P.  L.  L.,  (1860)  Art.  4,  sec.  91.    P.  L.  L.,  (1888)  Art.  4,  sec.  80. 

238.  Every  purchaser  of  lands,  tenements  or  hereditaments, 
or  of  any  interest  therein,  purchased  at  public  auction  in  the 
City  of  Baltimore,  shall  be  bound  to  pay  the  auction  duty  on 
such  sale  and  be  entitled  to  claim  the  said  payment  as  a  credit 
on  his  purchase  as  aforesaid. 

State  V.  Hobokeu  Bank,  84  Md.  325. 

P.  L.  L.,  (18G0)  Art.  4,  sec.  92.    P.  L.  L.,  (1888)  Art.  4,  sec.  81. 

239.  All  goods  and  property,  of  what  kind  soever,  shall  in 
all  cases  be  struck  off  to  the  highest  bidder ;  and  where  the  auc- 
tioneer or  owner,  or  any  person  employed  by  them  or  either  of 
them,  shall  be  such  bidder,  the  goods  or  property  shall  be  subject 
to  the  same  duties  as  if  struck  off  to  any  other  person ;  but  this 
section  shall  not  be  construed  to  render  valid  any  sale  that  would 
otherwise  be  deemed  fraudulent   and  void. 

Warehime  v.  Graf,  83  Md.  98. 

P.  L.  L.,   (1860)  Art.  4,  sec.  93.     P.  L.  L.,   (1888)  Art.  4, 
sec.  82.     1894,  ch.  350. 

240.  The  Governor,  by  and  with  the  advice  and  consent  of 
the  Senate,  shall  biennially  appoint  as  many  auctioneers  in  the 
City  of  Baltimore  as  he  may  think  proper,  not  to  exceed  thirty. 

P.  L.  L.,   (1860)   Art.  4,  sec.  94.     P.  L.  L.,   (1888)  Art.  4,  sec.  83. 

241.  Each  person  so  appointed,  the  amount  of  whose  sales 
of  goods,  wares,  merchandise  and  personal  property  of  every 
kind,  exclusive  of  his  real  estate  sales  and  sales  of  houses,  shall 
not  exceed  the  sum  of  one  hundred  and  fifty  thousand  dollars, 
shall,  before  entering  upon  the  duties  of  his  office,  enter  into  a 
recognizance  to  the  State,  with  two  sufiicient  securities,  in  the 
sum  of  five  thousand  dollars,  conditioned  for  the  payment  of 
the  duties  hereinbefore  mentioned  to  the  Treasurer  of  Marvland, 
and  that  he  shall  in  all  things  well,  truly  and  faithfully  behave 
and  conform  himself  according  to  the  true  intent  and  meaning 
of  this  law;  and  shall  also  pay  to  the  Treasurer  of  Maryland 
the  sum  of  four  hundred  and  fifty  dollars,  as  a  license. 

McMechin  v.  Mayor,  2  H.  &  J.  41.    McMechin  v.  Mayor,  3  H.  &  J.  534. 

P.  L.  L.,  (1860)  Art.  4,  sec.  95.    1872.  ch.  249.    P.  L.  L.,  (1888) 

Art.  4,  sec.  84. 

242.  Any  auctioneer  paying  the  license  fee,  and  executing 
the  bond  prescribed  in  the  preceding  section,  may  make  sales 
of  every  description  of  goods,  wares  and  merchandise  of  every 


195 

kind,  and  real  estate,  and  may  exercise  all  the  rights  and  privi- 
leges of  a  general  auctioneer  to  the  extent  and  amount  of  the 
sum  prescribed  in  said  section ;  and  he  shall  make,  under  oath, 
quarterly  returns  to  the  Comptroller  of  the  City  of  Baltimore, 
showing  the  full  amount  of  his  sales  of  every  kind,  distinguish- 
ing his  sales  of  goods,  wares  and  merchandise,  and  personal 
effects  of  every  kind,  from  his  sales  of  real  estate  and  houses ; 
and  if  any  auctioneer  under  said  license  shall  sell  any  amount 
exceeding  the  sum  named  in  the  last  preceding  section,  he  shall 
be  subject  to  all  the  penalties  hereinafter  imposed  upon  auc- 
tioneers who  shall  sell  without  license. 

This  section  has  been  modified  to  conform  to  the  changes  in  the  law 
made  necessary  by  the  repeal  of  section  233  of  this  Article,  by  Act 
1900,  ch.  208. 

P.  L.  L.,  (1860)  Art.  4,  sec.  96.    P.  L.  L.,  (1888)  Art.  4,  sec.  85. 

243.  Each  auctioneer  so  appointed  whose  sales  of  goods, 
wares  and  merchandise,  and  personal  effects  of  every  kind, 
exclusive  of  his  real  estate  sales  and  sales  of  houses,  shall  exceed 
the  sum  of  one  hundred  and  fifty  thousand  dollars,  shall,  before 
he  enters  upon  the  duties  of  his  office,  enter  into  a  recognizance 
to  the  State,  with  two  sufficient  securities  in  the  sum  of  ten 
thousand  dollars,  conditioned  as  hereinbefore  prescribed,  and 
shall  pay  to  the  State  Treasurer  the  sum  of  seven  hundred  and 
fifty  dollars  as  a  license  fee. 

P.  L.  L.,  (1860)  Art.  4,  sec.  97.    P.  L.  L.,  (1888)  Art.  4,  sec.  86. 

244.  If  any  person  so  appointed  shall  desire  to  pursue  the 
business  of  an  auctioneer  for  the  sole  purpose  of  selling  books, 
maps  or  prints,  by  day  or  by  night,  he  shall  be  entitled  to  do 
so  by  first  entering  into  a  recognizance  to  the  State,  with  two 
sufficient  securities  in  the  penalty  of  five  thousand  dollars,  con- 
ditioned as  hereinbefore  prescribed,  and  by  paying  to  the  State 
Treasurer  the  sum  of  one  hundred  and  fifty  dollars. 

P.  L.  L.,  (1860)  Art.  4,  sec.  98.    P.  T>.  L.,  (1888)  Art.  4,  sec.  87. 

245.  If  any  person  so  appointed  shall  desire  to  pursue  the 
business  of  an  auctioneer  for  the  sole  purpose  of  vending  horses 
and  carriages,  he  shall  be  entitled  to  do  so  by  first  entering  into 
a  recognizance  to  the  State,  with  two  sufficient  securities  in  the 
sum  of  one  thousand  dollars,  and  paying  to  the  State  Treasurer 
the  sum  of  fifty  dollars  as  a  license  fee. 

p.  L.  L.,   (I860)  Art.  4,  sec.  99.    P.  L.  L.,  (1888)  Art.  4,  sec.  88. 

246.  A  license  may,  on  the  request  and  with  the  consent  of 


196 

the  party,  be  issued  by  the  State  Treasurer,  nunc  jiro  tunc,  so 
as  to  avail  him  for  a  year  from  the  day  on  which  his  license 
expired,  or  in  such  manner  as  to  avail  him  for  any  part  of  the 
interval  the  applicant  may  desire ;  but  no  license  issued  under 
this  section  shall  acquit  the  party  obtaining  it  of  any  penalty 
hereby  imposed  for  selling  without  license,  if  prosecution  there- 
for shall  have  been  commenced  before  such  license  was  obtained. 

P.  L.  L.,  (1860)  Art.  4,  sec.  100.    P.  L.  L.,  (1888)  Art.  4,  sec.  89. 

247.  In  case  of  the  death  of  any  auctioneer  before  the  time 
limited  in  his  license  has  expired,  his  co-partner  or  co-partners, 
if  he  has  any,  or  his  personal  representative,  may  continue  to 
act  under  the  license  for  the  unexpired  term. 

P.  L.  L.,  (1860)  Art.  4,  sec.  101.    P.  L.  L.,  (1888)  Art.  4,  sec.  90. 

248.  All  recognizances  directed  to  be  taken  by  this  sub- 
division of  this  Article  shall  be  taken  by  the  Clerk  of  the 
Court  of  Common  Pleas,  and  duplicates  shall  be  made  of  the 
record  of  every  such  recognizance  by  said  clerk,  one  whereof 
shall  be  delivered  or  be  caused  to  be  delivered  by  such  auc- 
tioneer to  the  State  Treasurer,  within  ten  days  after  the  date 
of  such  record,  and  the  other  shall  be  retained  by  said  clerk, 
who  shall  be  entitled  to  demand  for  the  same  from  the  auc- 
tioneer the  sum  of  one  dollar. 

P.  L.  L.,  (I860)  Art.  4,  sec.  102.    P.  L.  L.,  (1888)  Art.  4,  sec.  91. 

249.  The  State  Treasurer,  on  his  being  satisfied  that  the 
recognizance  herein  required  has  been  entered  into  by  any  of 
the  persons  appointed  auctioneers  by  the  Governor,  and  upon 
his  receiving  the  license  fee  required  from  such  person,  shall 
issue  a  general  or  special  license  to  such  person  as  the  person 
may  be  entitled  to,  for  the  term  of  one  year  from  the  date  of 
such  license. 

P.  L.  L.,    (I860)   Art.  4,  sec.  103.     1872,  ch.  249.     P.  L.  L., 
(1888)   Art.  4,  sec.  92. 

250.  If  any  person  not  appointed  and  authorized  in  the 
manner  herein  directed,  nor  by  nor  under  some  official  authority 
under  the  laws  of  the  United  States,  shall  sell  or  attempt  to 
sell  any  goods,  wares,  merchandise  or  efl^ects  of  any  kind,  real 
estate  or  vessels,  in  the  City  of  Baltimore,  by  public  auction, 
he  shall  be  considered  guilty  of  a  misdemeanor,  and  shall  be 
subject  to  presentment  and  indictment  in  the  Criminal  Court 
of  Baltimore,  and  shall  on  conviction,  be  fined  in  a  sum  not 


197 

exceeding  five  hundred  dollars  nor  less  than  one  hundred 
dollars,  or  be  imprisoned  for  a  term  not  exceeding  three  months, 
or  both,  at  the  discretion  of  the  court. 

P.  L.  L.,   (1860)   Art.  4,  sec.  104.     1872,  ch.  249.     P.  L.  L., 
(1888)   Art.  4.  sec.  93. 

251.  If  any  auctioneer  shall  sell  any  goods,  wares,  mer- 
chandise or  effects  or  vessels,  by  way  of  public  auction,  with- 
out having  entered  into  the  recognizance  and  paid  the  license 
fee  hereinbefore  required,  he  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  shall  be  subject  to  presentment  and  indictment  in 
the  Criminal  Court  of  Baltimore,  and  on  conviction  thereof 
shall  be  fined  in  a  sum  not  exceeding  one  hundred  dollars  nor 
less  than  fifty  dollars  for  each  and  every  article  so  exposed  for 
sale. 

P.  L.  L.,  (1860)  Art.  4,  sec.  105.    P.  L.  L.,  (1888)  Art.  4,  sec.  94. 

252.  If  any  auctioneer  shall  sell  any  goods  or  property  other 
than  such  as  he  is  authorized  to  sell  by  the  terms  of  his  license, 
he  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  be  sub- 
ject to  presentment  and  indictment  in  the  Criminal  Court  of 
Baltimore,  and  on  conviction  thereof  shall  be  fined  in  a  sum 
not  exceeding  one  hundred  dollars,  nor  less  than  fifty  dollars 
for  each  and  every  article  so  sold. 

P.  L.  L.,  (1860)  Art.  4,  sec.  106.    P.  L.  L.,  (1888)  Art.  4,  see.  95. 

253.  If  any  person  commissioned  as  auctioneer  shall  neg- 
lect to  take  out  a  license  within  twenty  days  after  his  commis- 
sion shall  have  been  forwarded  to  him  by  the  Governor,  such 
commission  shall  be  deemed  null  and  void,  and  the  Governor 
shall  appoint  some  other  person  to  supply  the  vacancy  in  the 
number  of  auctioneers  caused  by  such  neglect. 

P.  L.  L.,  (1860)  Art.  4,  sec.  107.    P.  L.  L.,  (ISSS)  Art.  4,  sec.  96. 

254.  The  recognizance  herein  required  shall  be  annually 
renewed. 

P.  L.  L.,  (1860)  Art.  4,  sec.  108.    P.  L.  L.,  (1888)  Art  4,  sec.  97. 

255.  If  any  surety  of  any  auctioneer  shall  remove  from  this 
State  or  become  insolvent  the  State  Treasurer  shall  demand 
other  surety  in  his  place;  and  if  the  auctioneer  shall  neglect 
or  refuse  to  give  other  security  within  three  days  after  such 
demand  is  made  his  license  shall  thenceforth  be  null  and  void  to 
all  intents  and  purposes  as  if  the  same  had  never  been  granted, 


198 

and  the  State  Treasurer  shall  immediately  give  public  notice 
thereof  in  two  or  more  public  newspapers  published  in  said 
citv. 

P.  L.  L.,  (1860)  Art.  4,  sec.  109.    P.  L.  L.,  (1888)  Art.  4,  sec.  98. 

256.  If  any  auctioneer  appointed  under  this  sub-division  of 
this  Article  sliall  accept  at  any  time  during  the  continuance  of 
his  appointment,  an  appointment  as  auctioneer  from  any  other 
State  he  shall  be  deemed  to  have  forfeited  his  appointment 
under  this  sub-division  of  this  Article. 

P.  L.  L.,  (1860)  Art.  4,  sec.  110.    P.  L.  L.,  (1888)  Art.  4,  sec.  99. 

257.  Every  auctioneer  in  said  city  shall  designate  in  writing 
his  partner  or  partners,  if  any  are  engaged  with  him  in  his  said 
business,  and  the  houses  or  stores  occupied  by  him  for  the  trans- 
action of  auction  business,  and  shall  deposit  such  writing  with 
the  State  Treasurer;  and  if  any  auctioneer  in  said  city  shall 
enter  upon  the  duties  of  his  office  before  so  doing  he  shall  be 
deemed  guilty  of  a  misdemeanor,  and  on  conviction  shall  be 
fined  in  a  sum  not  exceeding  five  hundred  dollars ;  and  it  shall 
be  the  duty  of  the  court  before  whom  such  conviction  is  had, 
to  transmit  forthwith  a  particular  report  thereof  to  the  Gover- 
nor, who  may  in  his  discretion,  inhibit,  during  his  pleasure,  the 
person  convicted  from  acting  as  auctioneer. 

P.  L.  L.,  (1860)  Art.  4,  sec.  111.    P.  L.  L.,  (1888)  Art.  4,  sec.  100. 

258.  The  Mayor  of  the  city  may  designate  the  place  or 
places  for  the  sale  of  horses  and  carriages  and  make  such  regu- 
lations in  respect  to  the  time  and  manner  of  selling  horses  and 
carriages  at  auction,  and  the  riding  and  driving  of  such  horses 
and  carriages,  as  he  shall  deem  best  calculated  to  promote  public 
convenience  and  protect  the  persons  of  individuals  from  danger. 

P.  L.  L.,  (I860)  Art.  4,  sec.  112.    P.  L.  L.,   (1888)  Art.  4,  sec.  101. 

259.  Every  auctioneer  appointed  and  licensed  for  the  sale 
of  horses  shall  keep  a  registry  of  all  horses  sold  by  him,  speci- 
fying a  description  of  the  horse  sold,  the  sum  for  which  he  sold, 
and  the  name  and  residence  of  the  seller  and  buyer,  and  shall 
deposit  such  registry,  with  an  oath  of  the  truth  thereof,  at  the 
end  of  each  year  with  the  Clerk  of  the  Court  of  Common  Pleas. 

P.  L.  L.,  (1800)  Art.  4,  sec.  113.    P.  L.  L.,  (1888)  Art.  4,  sec.  102. 

260.  1^0  auctioneer  specially  licensed  for  selling  books,  maps 
or  prints  shall  be  entitled  to  demand  or  receive,  without  a  pre- 


199 

vious  agreement  to  the  contrary,  from  any  person,  directly  or 
indirectly,  a  commission  exceeding  seven  dollars  and  fifty  cents 
for  every  hundred  dollars  of  the  purchase  money  arising  from 
such  sales,  exclusive  of  all  duties. 

P.  L.  L.,  (1860)  Art.  4,  sec.  114.    P.  L.  L.,  (1888)  Art.  4,  sec.  103. 

261.  ]^o  auctioneer  licensed  to  sell  to  the  amount  of  one 
hundred  and  fifty  thousand  dollars,  without  a  previous  agree- 
ment to  the  contrary,  shall  be  entitled  to  demand  or  receive  for 
his  services,  directly  or  indirectly,  a  commission  exceeding  four 
dollars  clear  of  all  duties,  for  every  hundred  dollars  of  the  pur- 
chase money  arising  from  such  sales. 

See  decisions  of  Brown,  C.  J.,  in  the  City  Court,  March,  1874,  in  cases, 
Henry  Linker  v.  Woodville  and  Norman,  and  Grotjan  and  Mitchell  v. 
Emerick. 

P.  L.  L.,  (1860)  Art.  4,  sec.  115.    P.  L.  L.,  (1888)  Art.  4,  sec.  104. 

262.  No  auctioneer,  licensed  generally  for  the  sale  of  goods, 
wares  and  merchandise,  exceeding  one  hundred  and  fifty  thous- 
and dollars,  without  a  previous  agreement  to  the  contrary,  shall 
be  entitled  to  demand  or  receive  for  his  services,  directly  or 
indirectly,  a  commission  exceeding  two  dollars,  clear  of  all 
duties,  for  every  hundred  dollars  of  the  purchase  money  arising 
from  such  sales,  except  upon  sales  of  furniture  and  wearing 
apparel,  upon  which  they  shall  be  entitled  to  receive  four 
dollars,  clear  of  duties,  for  every  hundred  dollars  arising  from 
such  sales;  and  except  also  upon  the  sales  of  books,  stationery, 
maps  and  prints,  upon  which  they  shall  be  entitled  to  receive 
seven  dollars  and  fifty  cents,  clear  of  duties,  for  every  hundred 
dollars  arising  from  such  sales ;  and  upon  these  articles  the  auc- 
tioneer mentioned  in  the  preceding  section  may  charge  a  similar 
amount. 

P.  L.  L.,   (1860)  Art.  4,  sec.  116.     P.  L.  L.,  (1888)  Art.  4,  sec.  105. 

263.  Any  auctioneer  who  shall  receive  or  accept  any  greater 
or  higher  reward  for  his  services  than  is  authorized  by  this 
sub-division  of  this  Article,  shall  forfeit  the  sum  of  five  hun- 
dred dollars  for  every  offense,  to  be  recovered  in  the  name  of 
the  State  by  suit,  or  by  indictment  in  the  Criminal  Court,  one- 
half  to  the  use  of  the  State  and  the  other  half  to  the  use  of  the 
party  prosecuting  for  the  same. 

P.  L.  L.,  (ISGO)  Art.  4,  sec.  117.    1872,  ch.  249.    P.  L.  L.,  (1888) 

Art.  4,  sec.  106. 

264.  No  auctioneer  shall  authorize  or  permit  any  person 


200 

whatever  to  sell  any  property  of  any  description  whatever,  nnder 
and  by  virtue  of  his  license,  unless  the  person  so  authorized 
or  permitted  is  actually  and  ho7ia  fide  in  the  employment  of  such 
auctioneer,  and  is  actually  and  bona  fide  a  resident  of  Baltimore 
City  at  the  time  of  such  employment,  and  the  commissions  on 
such  sales  are  actually  and  bona  fide  for  the  benefit  of  such 
auctioneer;  and  no  license  shall  be  construed  to  authorize  the 
holder  to  sell  at  more  than  one  regular  establishment,  but  an 
auctioneer  may  sell  public  stocks,  houses,  lots  and  furniture,  or 
ships  or  vessels,  on  the  premises  where  the  same  may  be,  or  at 
the  exchange,  or  goods  in  the  original  form  and  packages  as 
imported,  and  bulky  articles,  such  as  have  been  usually  sold 
in  warehouses  or  in  the  public  streets  or  on  the  wharves,  at  such 
other  places  within  the  city  as  shall  be  desired  by  the  owner  or 
importer  of  such  bulky  articles  or  imported  goods. 

P.  L.  L.,  (1860)  Art.  4,  sec.  118.    1872.  ch.  249.    P.  L.  L.,  (1888) 

Art.  4,  sec.  107. 

265.  If  any  auctioneer  shall  violate  any  of  the  provisions 
of  the  last  preceding  section  he  shall  be  deemed  guilty  of  a  mis- 
demeanor for  every  such  violation,  and  shall  be  subject  to  pre- 
sentment and  indictment  in  the  Criminal  Court  of  Baltimore 
and  on  conviction  thereof  shall  be  fined  in  a  sum  not  exceeding 
two  hundred  dollars,  nor  less  than  one  hundred  dollars. 

P.  L.  L..  (1860)  Art.  4,  sec.  119.     P.  L.  L.,  (1888)  Art.  4,  sec.  108. 

266.  Every  auctioneer  within  thirty  days  after  the  first 
days  of  January,  April,  July  and  October  of  the  year  for  which 
he  shall  have  been  appointed,  and  in  each  and  every  year  that 
he  shall  hold  and  continue  in  the  office  and  duty  of  such  auc- 
tioneer, shall  render  to  the  Comptroller  of  the  City  of  Balti- 
more a  true  and  particular  account  in  writing  of  the  money 
or  sums  of  money  for  which  any  goods,  wares  or  merchandise,  or 
other  property  of  every  kind,  shall  have  been  sold  at  every  sale 
since  entering  on  the  duties  of  his  office,  or  since  the  last  account 
was  rendered,  of  the  amount  of  each  day's  sales  and  the  days 
when  sold,  distinguishing  the  sales  made  by  him  personally 
or  in  his  presence,  and  those  made  by  his  partner  or  partners 
or  clerk,  in  consequence  of  his  absence ;  setting  forth,  also,  the 
amount  of  all  goods,  wares,  merchandise  and  other  property 
sent  or  entrusted  to  him,  his  partner  or  partners  for  sale,  and 
by  him  or  them  sold  at  auction,  and  the  days  on  which  the 
same  were  sold,  and  particularizing  the  amount  of  the  several 
duties  chargeable  on  said  sales,  duplicate  copies  of  which  said 
accounts,  properly  sworn  to  as  required  in  section  267,  shall  be 


201 

transmitted  to  the  Comptroller  of  the  State,  by  every  such 
auctioneer,  within  the  said  thirty  days  after  the  said  first  days 
of  January,  April,  July  and  October  of  the  year  or  years  as 
aforesaid;  and  every  auctioneer  shall,  within  thirty  days  after 
rendering  such  account,  pay  over  to  the  said  Comptroller  of 
Baltimore  City,  for  the  use  of  the  State,  subject  to  provisions 
hereinafter  contained,  all  such  sum  or  sums  of  money  as  appear 
to  be  due  from  him  to  tlie  State  for  duties,  according  to  law. 

r.  L.  L.,  (1860)  Art,  4,  sec.  120.    1872,  ch.  249.    P.  L.  L.,  (1888) 

Art.  4,  sec  109. 

267.     The  auctioneer  making  such  returns,  at  the  time  of 
making  the  same  shall  take  before  some  Justice  of  the  Peace, 

or  Judge  of  a  court  of  record  the  following  oath  ;  "I , 

do  solemnly  and  sincerely  swear  that  the  account  now  exhibited 
by  me,  and  to  which  I  have  subscribed  my  name,  contains  a 
just  and  true  account  of  all  the  goods,  wares  and  merchandise, 
and  property  of  every  kind,  sold  or  struck  off  by  me  at  public 
sale,  or  sold  at  private  sale,  on  the  days  of  my  public  auctions, 
or  sold  or  struck  off  as  aforesaid  by  my  co-partner  or  co-partners 
(if  any  there  be),  or  by  others  in  my  name,  or  under  my  direc- 
tion, and  in  my  actual  and  bona  fide  employment  (as  the  case 
may  be),  and  the  days  upon  which  the  same  were  respectively 
sold ;  that  I  have  examined  the  entries  of  all  sales  mentioned  in 
said  account  in  the  books  kept  by  me  for  that  purpose,  and  I 
fully  believe  this  account  to  be  correct ;  and,  further,  that  I 
have,  during  the  time  mentioned,  conformed  in  all  things  to  the 
provisions  of  the  law  relating  to  auctions  in  Baltimore  City,  ac- 
cording to  the  best  of  my  knowledge  and  belief,  so  help  me  God." 
And  he  shall  cause  a  certificate  of  the  fact  that  he  has  taken  such 
oath,  duly  signed  by  said  Justice  or  said  Judge,  and  a  certificate 
of  the  Clerk  of  the  Superior  Court  of  Baltimore  City,  of  the 
official  character  of  said  Justice  when  signed  by  him,  to  be  an- 
nexed to  said  return ;  and  no  account  or  return  of  sales,  as  pro- 
vided to  be  made  and  rendered  in  the  preceding  section  shall 
be  deemed  or  held  to  be  ''a  true  and  particular  account,"  within 
the  meaning  of  said  preceding  section,  unless  the  oath  herein 
provided  is  made  and  annexed  to  such  account  or  return  of 
sales;  and  the  auctioneer  refusing  or  neglecting  to  make  and  to 
annex  such  oath  shall  be  liable  to  be  proceeded  against  as  if  he 
had  not  made  and  rendered  any  account  or  return  of  sales  as 
required  by  law. 


202 

p.  L.  L.,  (1860)  Art.  4,  sec.  121.    1S72,  ch.  249.    P.  L.  L.,  (1888) 

Art.  4,  sec.  110. 

268.  If  any  auctioneer  shall  refuse  or  neglect  to  transmit 
to  the  State  Treasurer  a  duplicate  of  the  record  of  his  recog- 
nizance as  before  required,  or  shall  neglect  or  refuse  to  render 
an  account  of  sales  to  the  Comptroller  of  the  City  of  Balti- 
more quarter-yearly,  or  shall  refuse  or  neglect  to  transmit  a 
duplicate  copy  of  such  account  to  the  Comptroller  of  the  State 
within  the  time  or  times  limited  for  rendering  such  account 
or  transmitting  such  duplicates  as  provided  in  section  266,  or 
shall  refuse  or  neglect  to  pay  over  to  the  Comptroller  of  the 
city  the  money  or  moneys  due  from  him  to  the  State  for  duties, 
according  to  law,  within  thirty  days  after  rendering  such  ac- 
count, he  shall,  in  and  for  each  and  every  such  case  of  refusal 
or  neglect,  be  deemed  guilty  of  a  misdemeanor,  and  shall  be 
subject  to  presentment  and  indictment  in  the  Criminal  Court 
of  Baltimore,  and  on  conviction  thereof  shall  be  fined  in  a 
sum  not  exceeding  seven  hundred  dollars,  nor  less  than  one 
hundred  dollars,  and  on  conviction  shall  further  be  deemed  to 
have  forfeited  his  appointment  as  auctioneer,  and  shall  be  dis- 
qualified from  acting  as  auctioneer  under  the  same;  provided, 
it  shall  be  competent  for  such  auctioneer  at  the  trial  of  such  suit 
to  give  in  evidence  every  matter  or  thing  going  to  show  a  satis- 
factory excuse  on  his  part  for  such  neglect  or  refusal;  and  if 
the  jury  before  which  such  suit  shall  be  tried  shall  think  such 
excuse  satisfactory,  they  shall  return  a  verdict  for  the  defen- 
dant; the  defendant,  however,  in  such  case  to  pay  the  costs  of 
the  prosecution  and  provided  further,  that  no  suit  or  indict- 
ment, or  conviction,  under  this  section,  for  the  penalties  herein 
contained,  shall  be  held  to  bar  or  prevent  the  State  from  bring- 
ing such  civil  action  or  actions  in  any  of  the  courts  of  this  State 
against  any  auctioneer,  or  on  his  bond,  for  the  recovery  of 
money  that  may  be  due  the  State,  or  for  the  non-performance 
or  mis-performance  of  any  duty  imposed  upon  him  by  this  sub- 
division of  this  Article,  and  for  which  a  civil  action  would  lie 
against  him  or  on  his  bond. 

P.  L.  L.,  (1860)  Art.  4,  sec.  122.    P.  L.  L.,  (1888)  Art.  4,  sec.  111. 

269.  Every  auctioneer  who,  within  the  period  limited  for 
liis  accounting  shall  have  made  no  sales  of  goods  or  property 
of  any  kind  liable  to  auction  duties,  shall  make  and  subscribe 
an  afiidavit  of  those  facts  before  the  Judge  of  the  Court  of 
Common  Pleas,  and  shall  transmit  a  copy  of  the  said  affidavit, 
certified  by  said   Judge,   to  the   State   Treasurer,   within  the 


203 

same  time  that  an  accoimt  is  required  to  be  rendered,  under  the 
penalty  prescribed  in  the  last  preceding  section. 

P.  L.  L.,  (1S60)  Art.  4,  sec.  123.    P.  L.  L.,  (1888)  Art.  4,  sec.  112. 

270.  It  shall  not  be  lawful  for  the  Governor  to  nominate  to 
the  Senate  as  auctioneer  any  person  who  shall  not  have  settled 
in  full  at  the  Treasury  office  for  all  amounts  due  from  him 
on  account  of  auction  duties. 

P.  L.  L.,  (1860)  Art.  4,  sec.  124.    1872,  ch.  249.    P.  L.  L.,  (1888) 

Art.  4,  sec.  113. 

271.  If  any  auctioneer  shall  be  guilty  of  any  fraud  or  deceit 
in  the  discharge  of  the  duties  of  his  office,  or  shall  elude  or  de- 
feat any  provisions  of  this  sub-division  of  this  Article,  for  a 
violation  of  which  no  penalties  are  therein  specially  prescribed, 
he  shall  be  guilty  of  a  misdemeanor  and  subject  to  presentment 
and  indictment  in  the  Criminal  Court  of  Baltimore,  and  on 
conviction  thereof  shall  be  fined  in  a  sum  not  exceeding  one 
thousand  dollars,  nor  less  than  one  hundred  dollars  for  every 
such  offence ;  and  if  any  auctioneer  shall  pay  or  cause  to  be  paid 
directly  or  indirectly,  to  any  trustee,  attorney,  executor  or  ad- 
ministrator, selling  real  estate  or  property  of  any  kind  under  any 
order  of  any  court,  or  under  any  power  of  attorney,  any  portion 
of  the  fee  or  commission  received  or  receivable  by  him,  and 
charged  by  him  in  his  account  for  making  any  sale  of  such  real 
estate  or  property  for  such  trustee,  attorney,  executor  or  ad- 
ministrator, he  shall  be  deemed  guilty  of  a  misdemeanor,  and 
on  conviction  thereof  in  the  Criminal  Court  of  Baltimore  shall 
be  fined  in  a  sum  not  exceeding  two  hundred  dollars,  nor  less 
than  fifty  dollars,  for  every  such  offence,  and  such  trustee, 
attorney,  executor  or  administrator  receiving  or  retaining  such 
portion  of  such  fee  or  commissions,  and  not  accounting  for  it 
to  the  proper  parties,  shall  be  liable  in  a  suit  on  his  bond  for 
double  the  amount  so  received  or  retained  by  him,  to  the  cestui 
que  trust,  the  principal,  or  to  any  person  interested  in  the  estate 
which  he  represents. 

P.  L.  L.,  (1860)  Art.  4,  sec.  125.    P.  L.  L.,  (1888)  Art.  4,  sec.  114. 

272.  If  any  person  shall,  within  seven  days  after  any  such 
oiVence  shall  be  committed,  prosecute  for  the  penalties  imposed 
by  this  sub-division  of  this  Article,  the  State  Treasurer,  upon 
information  thereof  having  come  to  his  knowledge,  shall  direct 
the  State's  Attorney  for  the  City  of  Baltimore  to  prosecute  for 
the  same;  and  the  penalties  when  recovered  shall  be  paid  into 

•the  treasury  for  the  use  of  the  State. 


204 

p.  L.  L.,  (ISCO)  Art.  4,  sec.  12G.     P.  L.  L.,  (1888)  Art.  4,  sec.  115. 

273.  If  any  person  shall  wilfully  swear  falsely  touching 
any  matter  hereinbefore  required  in  this  sub-division  of  this 
Article  to  be  verified  by  oath,  he  shall  suffer  the  pains  and 
penalties  which  by  law  are  prescribed  for  wilful  and  corrupt 
perjury;  and  if  an  auctioneer,  shall  also  forfeit  his  office. 

P.  L.  L.,  (1860)  Art.  4,  sec.  127.    1872,  ch.  249.    P.  L.  L.,  (1888) 

Art.  4,  sec.  116. 

274.  The  proceeds  of  such  auction  duties  to  the  amount  of 
twenty  thousand  dollars  shall  be  paid  over  by  the  Comptroller 
of  the  city,  as  the  same  shall  be  received  by  him,  to  the  Mayor 
and  City  Council  of  Baltimore,  to  be  by  said  Mayor  and  City 
Council  of  Baltimore  annually  appropriated  to  the  purpose  of 
deepening  and  improving  a  channel  in  the  Chesapeake  Bay 
and  Patapsco  River  and  the  harbor  of  the  City  of  Baltimore. 

P.  L.  L.,  (1860)  Art.  4,  sec.  128.    1872,  ch.  249.    P.  L.  L.,  (1888) 

Art.  4,  sec.  117. 

275.  It  shall  be  the  duty  of  the  Mayor  and  City  Council 
of  Baltimore,  on  or  before  the  fifteenth  day  of  September  in 
each  year,  to  report  to  the  Comptroller  of  the  State  a  fair  and 
strict  account  of  their  disbursement  of  the  fund  arising  from 
said  auction  duties,  as  to  the  amount  the  same  are  appropriated 
in  the  preceding  section,  in  relation  to  the  deepening  and  im- 
proving said  channel,  Patapsco  River  and  Baltimore  City  har- 
bor; and  the  said  Comptroller  shall  report  the  same  to  the 
General  Assembly. 

P.  L.  L.,  (1860)  Art.  4,  sec.  129.    1872,  ch.  249.    P.  L.  L.,  (1888) 

Art.  4,  sec.  118. 

276.  If  the  net  proceeds  of  said  auction  duties  shall  exceed 
the  sum  of  twenty  thousand  dollars,  the  excess  of  said  duties 
above  that  sum  shall,  for  each  and  every  year  that  they  shall 
exceed  that  sum,  be  paid  over  by  the  Comptroller  of  the  City 
of  Baltimore  to  the  Treasurer  of  the  State ;  and  in  case  of  such 
excess  as  aforesaid,  the  Comptroller  of  the  city  shall  also 
render  to  the  Comptroller  of  the  State  a  brief  statement  or 
account,  showing  the  amounts  received  by  him  on  account  of 
auction  duties,  the  amount  paid  the  Mayor  and  City  Council  of 
Baltimore,  under  Section  274,  and  the  balance  due  the  State 
and  payable  to  the  State  Treasurer — which  said  balance,  if  any, 
and  whenever  the  same  shall  arise  from  said  auction  duties, 
shall  be  paid  to  said  Treasurer  on  or  before  the  twenty-fifth 
day  of  September  in  each  and  every  year. 


205 

p.  L.  L.,  (1860)  Art.  4,  sec.  130.    P.  L.  L.,  (ISSS)  Art.  4,  see.  119. 

227.  The  provisions  of  the  three  preceding  sections  shall 
not  have  any  effect  if  the  City  of  Baltimore,  by  ordinance  or 
otherwise,  shall  make  any  charge  on  articles  passing  over  or 
deposited  on  the  wharves  of  said  city  for  a  less  time  than  one 
day,  for  the  purpose  of  delivery  only,  from  or  on  board  of  any 
vessel  trading  within  the  limits  of  this  State,  other  than  the 
regular  wharfage  chargeable  on  such  vessel. 

P.  L.  L.,  (1860)  Art.  4,  sec.  131.    P.  L.  L.,  (1888)  Art.  4,  sec.  120. 

278.  J^othing  contained  in  this  sub-division  of  this  Article 
shall  prohibit  the  sale  of  leather,  iron  or  tobacco,  by  the  person 
who  manufactured  the  same,  without  the  license  herein  re- 
quired. 

BAIL. 

1898,  ch.  138,  sec.  207A. 

278a.     The  Clerk  of  the  Criminal  Court  of  Baltimore  shall 

have  power  at  any  time  to  take  bail  when  authorized  by  the 

court,  whether  the  court  is  in  session  or  not,  and  although  the 

defendant  is  not  present  or  does  not  join  in  the  recognizance, 

but  in  all  cases,  before  bail  is  taken  by  the  Clerk,  the  court  shall 

fix  the  amount  thereof. 

lu  relatkiu  to  bail,  see,  Smith  v.  Fowler  &  Thomas,  Daily  Record, 
March  11,  1903. 

1898,  ch.  138,  sec.  207B. 

278b.  Whenever  any  person  charged  with  a  criminal  offence 
desires  to  be  admitted  to  bail,  his  recognizor,  except  as  provided 
for  in  the  next  succeeding  section,  shall  sign  and  make  oath  to 
an  application  in  which  shall  be  stated  the  location  of  his  prop- 
erty, his  interest  therein,  its  value,  ground  rent,  mortgages, 
and  other  recognizances  and  incumbrances,  if  any,  to  which 
it  may  be  subject,  and  such  other  matters  as  may  be  inquired 
of,  and  required  to  be  inserted  in  the  application  by  the  clerk 
to  whom  such  application  is  made,  to  enable  such  clerk  to 
determine  the  value  of  the  security  offered. 

1898,  ch.  138,  sec.  207C. 

278c.  The  Clerk  of  the  Criminal  Court  of  Baltimore  may, 
when  so  ordered  by  the  court,  admit  any  person  to  bail  on  his 
own  recognizance,  or  may  accept  a  recognizor  without  stated 
property  qualifications. 


206 

1898,  ch.  138,  sec.  207D. 

278d.     It  shall  be  sufficient  for  recognizances  taken  in  the 

Criminal  Court  of  Baltimore,  when  signed  by  the  judge  or  the 

clerk  thereof,  to  conform  to  the  following  formula :  "You  and 

each  of  you  acknowledge  yourselves  to  owe  and  stand  indebted 

to  the  State  of  Maryland  in  the  sum  of dollars  for 

the  appearance  of at  this  court  on  the .  .^ day  of 

18.  .  .,  to  answer  the  charge  alleged  against  him,  and 

to  attend  this  court  thenceforth  from  day  to  day  until  dis- 
charged therefrom  in  due  course  of  law." 

1898,  ch.  138,  sec.  207E. 
278e.  Every  recognizance  taken  in  any  criminal  proceeding 
in  Baltimore  City  shall  be  a  iien  upon  the  property  of  the 
recognizor  mentioned  in  his  application  from  the  date  of  the 
acknowledgment  of  such  recognizance,  unless  such  recognizance 
shall  have  been  acknowledged  before  a  police  justice  or  before 
a  court  upon  writ  of  habeas  corpus^  in  which  it  shall  be  a  lien 
from  the  time  it  is  filed  with  the  clerk  of  the  Criminal  Court 
of  Baltimore.  When  any  recognizance  is  forfeited  it  shall 
become  a  judgment,  and  shall  have  all  the  effects  of  judgments 
rendered  in  civil  causes,  and  may  be  enforced  by  execution  by 
order  of  the  State's  Attorney  at  any  time  within  six  years 
from  the  date  of  the  forfeiture,  and  not  afterwards. 

1898,  ch.  138,  sec.  207F. 

278f .  It  shall  be  the  duty  of  the  clerk  of  the  Criminal  Court 
of  Baltimore  immediately  to  record,  in  a  properly  indexed 
book  to  be  provided  for  that  purpose,  the  names  of  the  persons 
who  have  entered  into  recognizances,  the  date  of  the  filing 
of  the  recognizance  with  the  clerk  of  the  Criminal  Court,  if  such 
recognizance  has  been  acknowledged  before  a  police  justice,  or 
before  some  other  court  upon  writ  of  habeas  corpus,  the  amount 
thereof,  and  the  date  of  the  acknowledgment  of  the  same ;  the 
location  of  the  property  mentioned  in  the  application,  and  when 
any  recognizance  shall  be  forfeited;  and  when  any  forfeiture 
shall  be  stricken  out  or  discharged,  it  shall  be  the  duty  of  the 
said  clerk  to  make  an  appropriate  entry  in  said  book,  showing 
such  disposition  of  the  recognizance  or  the  forfeiture,  together 
with  the  date  thereof. 

1898,  ch.  138,  sec.  207G. 

278g.  Any  officer  having  power  to  admit  to  bail  may  accept 
as  recognizor  any  bonding,  guarantee  or  trust  company  incor- 


207 

porated  under  the  laws  of  the  State  of  Maryland,  or  under  the 
laws  of  any  State  in  the  United  States,  and  doing  business 
in  the  Citv  of  Baltimore,  which  is  authorized  bv  its  charter  to 
become  surety  on  official  bonds. 

1898,  ch.  138,  see.  207H. 

278h.  ^0  police  justice  of  the  City  of  Baltimore  shall  ac- 
cept bail  for  persons  charged  wnth  manslaughter,  murder  or  any 
offense  the  punishment  for  which  may  be  death;  any  such 
justice  may,  in  his  discretion,  accept  the  bail  for  any  person 
charged  with  the  commission  of  any  felony  other  than  those 
above  mentioned,  and  any  misdemeanor  the  punishment  for 
which  may  be  confinement  in  the  penitentiary;  and  whenever 
bail  is  offered  for  any  person  charged  with  the  commission  of 
any  misdemeanor  other  than  those  already  set  forth,  such  jus- 
tice shall  accept  the  same;  provided  he  is  satisfied  with  the 
security  offered. 

1898,  ch.  138,  sec.  2071. 
278i.  Whenever  a  person  charged  with  a  bailable,  criminal 
offense  before  a  police  justice  desires  to  be  admitted  to  bail,  his 
recognizor  shall  sign  and  make  oath  to  an  application  in  which 
shall  be  stated  such  matters  as  may  be  required  of,  and  required 
to  be  inserted  in  such  application  by  the  police  justice  to  enable 
him  to  determine  the  value  of  the  security  offered.  Any 
recognizance  acknowledged  before  such  justice  shall  be  good, 
although  the  defendant  does  not  join  in  the  same. 

1898,  ch.  138,  sec.  207J. 

278 j.  Whenever  any  person  charged  wdth  the  commission  of 
a  criminal  offense  is  admitted  to  bail  by  a  police  justice  for 
appearance  in  the  Criminal  Court  of  Baltimore,  such  justice 
shall  forthwith  deliver  the  recognizance  to  the  clerk  of  said 
court,  such  recognizance  shall  then  become  a  record  of  said 
court,  and  may  be  forfeited,  and  the  forfeiture  may  be  enforced 
in  the  same  manner  as  if  the  recognizance  has  been  taken  by  the 
court. 

1898,  ch.  138,  sec.  207K. 

278k.  Whenever  any  person  charged  with  a  criminal  offense 
before  a  police  justice  is  admitted  to  bail  for  further  hearing, 
if  such  person  does  not  appear  at  such  hearing  according  to 
the  tenor  of  his  recognizance,  it  may  be  forfeited.  If  forfeited, 
the  justice  shall  note  the  forfeiture  on  the  recognizance,  and 


208 

deliver  it  to  the  clerk  of  the  Criminal  Court  of  Baltimore,  the 
said  forfeited  recognizance  shall  then  become  a  record  of  said 
court,  and  shall  have  the  same  effect  and  may  be  enforced  in 
the  same  manner  as  if  it  had  been  taken  and  forfeited  by  the 
court. 

BILLS  OF  EXCHANGE  AND  PKOMISSORY  NOTES. 

When  protest  by  notary,  unnecessary  to  hold  endorser,  see,  Kirk  v. 
Belts,  Daily  Record,  March  26,  1891. 

279.     Repugnant  to  provisions  of  Act  1898,  Chapter  198. 
See  proviso,  section  3,  Act  1898,  Chapter  123,  post. 

1892,  ch.  462.  1898.  eh.  198,  (sec.  120A). 
279a.  Any  bill  of  exchange,  bank  check,  draft  or  promis- 
sory note  presentable  for  payment  or  acceptance  in  the  City 
of  Baltimore  on  the  first  day  of  the  week  commonly  called 
Sunday,  shall  be  deemed  to  be  presentable  for  payment  or 
acceptance  on  the  next  succeeding  secular  or  business  day. 

1892,  ch.  462.     1898,  ch.  198,    (sec.  120B). 

279b.  It  shall  be  lawful  for  banks  and  bankers  in  the  City 
of  Baltimore  to  close  their  doors  for  business  at  twelve  o'clock 
noon  on  each  and  every  Saturday  in  the  year,  and  every  Saturday 
in  the  year  after  twelve  o'clock  noon,  shall  for  all  purposes 
whatever,  so  far  as  regards  the  presenting  for  payment  or  ac- 
ceptance and  the  protesting  and  giving  notice  of  the  dishonor 
of  bills  of  exchange,  bank  checks,  drafts,  promissory  notes  and 
other  negotiable  paper,  be  a  legal  half-holiday,  and  shall  be 
treated  and  considered  as  the  first  day  of  the  week,  commonly 
called  Sunday,  and  all  such  bills,  checks,  drafts  and  notes, 
which,  on  their  face,  or  under  any  existing  law  or  by  the  provi- 
sion of  this  Act  shall  be  payable  or  presentable  for  acceptance 
or  payment  on  any  half -holiday  Saturday  shall  be  deemed  to 
be  payable  or  presentable  for  acceptance  or  payment,  and  notice 
of  protest  and  dishonor  thereof  may  be  given  on  the  next  suc- 
ceeding secular  or  business  day;  provided,  that  checks  and 
paper  payable  at  sight,  or  on  demand,  presentable  for  payment 
on  half-holiday  Saturday  may,  at  the  option  of  the  holder  there- 
of, be  payable  and  presentable  for  acceptance  or  payment  on 
such  half -holiday  Saturday  before  twelve  o'clock  noon ;  provided 
further,  that  for  the  purpose  of  protesting  or  otherwise  hold- 
ing liable  any  party  to  any  such  check  or  paper  payable  at  sight, 
or  on  demand,  presentable  for  payment  on  any  half-holiday 


209 

Saturday,  and  which  shall  have  been  presented  and  dishonored 
on  such  half-holiday  Saturday,  notice  of  protest  and  dishonor 
thereof  may  be  given  on  the  next  succeeding  secular  or  business 
day;  and  provided  further,  that  whenever  any  person  shall 
receive  for  collection  in  said  City  of  Baltimore,  any  bill  of  ex- 
change, bank  check,  draft  or  promissory  note  due  and  pre- 
sentable for  acceptance  or  payment  on  any  half-holiday  Satur- 
day, such  person  shall  not  be  deemed  guilty  of  any  neglect  or 
omission  of  duty,  or  incur  any  liability  in  not  presenting  for 
payment  or  acceptance,  or  collecting  such  bill  of  exchange,  bank 
check,  draft  or  promissory  note  on  that  day;  and  provided 
further,  that  in  construing  this  section,  every  half-holiday  Satur- 
day shall,  until  twelve  o'clock  noon,  be  deemed  as  a  secular  or 
business  day. 

1892,  ch.  462.     1898,  ch.  198,    (sec.  120C). 

279c.  Whenever  any  bill  of  exchange,  bank  check,  draft  ,or 
promissory  note  shall  be  presentable  for  payment  in  the  City 
of  Baltimore  on  the  secular  or  business  day  next  succeeding  the 
day  on  which  it  would  otherwise  have  been  presentable  for 
payment,  interest  on  the  same  shall  be  computed  down  to  and 
including  such  secular  or  business  day. 

BUILDIKGS. 

1880,  ch.  133.    P.  L.  L.,  (1888)  Art.  4,  sees.  125-128,  131A,  131B. 

1896,  ch.  363. 

280.  It  shall  not  be  lawful  for  the  owners  or  lessees  of  any 
public  hall,  church,  school  or  place  of  amusement,  in  the  Cities 
of  Baltimore,  Annapolis,  Cumberland,  Frederick,  Hagerstown 
or  Frostburg,  to  obstruct,  or  allow  to  be  obstructed  by  others, 
any  of  the  aisles  or  passage-ways  in  the  auditorium  of  said  halls, 
churches,  schools  or  places  of  amusement,  by  placing  therein 
any  benches,  chairs  or  stools,  or  other  articles  that  may  prevent 
free  ingress  or  egress  during  the  hours  that  said  places  may  be 
open  to  the  public.  Said  owners  or  lessees,  or  their  agents,  are 
required  to  keep  open  at  all  hours  during  the  time  said  halls, 
churches,  schools  or  places  of  amusement  are  opeti  to  the  pub- 
lic, all  doors  giving  ingress  or  egress,  unless  said  doors  open 
outward  from  said  places ;  then  the  same  may  be  closed,  but 
no  hindrances,  such  as  locks  or  catches  of  any  kind,  sluill  be 
allowed  to  obstruct  or  prevent  instant  and  easy  egress  through 
the  same;  and  when  said  doors  open  inwards,  it  is  required  of 
said  owners,  lessees  or  their  agents,  that  said  doors  shall  be 
fastened  securely  and  firmly  open.     Owners  or  lessees,  or  any 


210 

person  holding  nnder  them,  or  their  agents,  violating  any  of  the 
provisions  aforesaid,  shall,  on  conviction  thereof,  be  fined  by  the 
court  before  which  such  conviction  is  had  for  any  violation,  a 
sum  not  exceeding  five  hundred  dollars,  to  be  recovered  as  other 
fines  in  this  State,  one-half  of  which  shall  go  to  the  State  and 
the  other  half  to  the  cities  where  such  violations  occur  and  con- 
victions thereof  are  had.  It  is  made  the  special  duty  of  the 
Judge  or  Judges  of  the  courts  having  criminal  jurisdiction  in 
said  Cities  of  Baltimore,  Annapolis,  Cumberland,  Frederick, 
Hagerstown  and  Frostburg,  to  especially  charge  the  Grand 
Juries  of  said  courts  upon  the  execution  of  the  foregoing  pro- 
visions; and  the  police  authorities  of  said  cities  are  especially 
charged  with  the  execution  thereof,  and  to  that  end  shall  direct 
nightly  examinations  by  some  of  their  officers,  of  all  such  places. 
It  shall  not  be  lawful  for  any  person,  agent,  owner  or  proprie- 
tor of  any  sweat-shop  or  factory  where  four  or  more  persons 
are  employed,  to  use  any  coal  oil,  gasoline,  or  any  other  explo- 
sive or  inflammable  compound  for  the  purpose  of  lighting  or 
heating  in  any  form ;  and  any  person,  agent,  owner  or  proprie- 
tor violating  this  provision  shall  be  guilty  of  a  misdemeanor, 
and  on  conviction  thereof,  be  fined  by  the  court  before  which 
such  conviction  is  had,  for  every  violation,  the  sum  of  one  hun- 
dred dollars  and  costs,  and  stand  committed  until  such  fine  and 
costs  be  paid.  The  owner  or  owners  of  any  such  house  or  build- 
ing used  as  a  sweat-shop  or  factory  where  four  or  more  persons 
are  employed  as  garment  workers,  on  other  than  the  first  floor 
of  such  house  or  building,  shall  provide  fire-escapes  for  the 
same;  and  if  any  owner  or  owners  of  any  house  or  building 
so  used,  fail  to  make  or  provide  a  fire-escape,  such  owner  or 
owners  shall  pay  a  fine  of  two  hundred  dollars,  to  be  recovered 
as  other  fines  in  this  State,  or  imprisonment  in  the  City  Jail 
for  sixty  days,  or  both  fine  and  imprisonment,  in  the  discretion 
of  the  court. 

In  relation  to  the  provisions  in  section  280  regulating  sweat  shops,  it 
may  be  of  interest  to  note  that  the  Act  of  1902,  ch.  101,  known  as  the 
"Sweat  Shop  Law"  was  held  invalid,  in  that  it  was  not  a  just  and  reason- 
able police  regulation,  and  that  it  interfered  with  the  right  of  the  citizen 
to  enjoy  the  free  and  profitable  use  of  his  property  and  also  with  his 
right  of  personal  liberty,  without  due  process  of  law. 

State  V.  Legum,  Daily  Record,  November  18,  1902. 

1900,  ch.  274. 

280a.  Before  the  Appeal  Tax  Court  of  Baltimore  City 
grants  any  permit  for  the  erection  of  new  buildings  it  shall 
be  shown  to  the  said  Court  to  its  satisfaction  that  all  taxes 


211 

due  aud  unpaid  are  fully  paid  upon  the  land  on  which  said 
new  buildings  are  proposed  to  be  erected,  and  no  permit,  as 
aforesaid,  shall  be  issued  until  the  court  is  so  satisfied,  and  an 
appeal  is  allowed  from  this  as  in  other  cases  before  said  court, 
as  is  allowed  by  law. 

CARRIAGES,  HORSES  AND  AUTOMOBILES. 
HACKI^EY  CARRIAGES. 

p.  L.  I>.,   (1S60)  Art.  4,  sec.  140.     1865,  ch.  90.     P.  L.  L.,   (1888)  Art.  4, 
sec.  135.     1892,  cli.  631.     1910,  ch.  109. 

281.  The  Board  of  Police  Commissioners  of  the  City  of 
Baltimore  shall  determine  and  fix  rates  of  fare  and  amounts  to 
be  charged  by  the  owners,  drivers,  chauffeurs  or  persons  hav- 
ing in  charge  of  hackney  carriages  in  the  said  city,  and  every 
owner,  driver,  chauffeur  of  or  person  having  charge  of  any 
hackney  carriage  for  which  a  license  has  been  obtained  as  re- 
quired by  law  shall  be  authorized  and  entitled  to  ask,  charge 
and  receive  as  a  compensation  from  every  person  using  the 
same  the  rates  of  fare  and  compensation  prescribed  and  estab- 
lished by  the  said  Board  of  Police  Commissioners,  and  no 
more.  Every  vehicle,  whether  dra^vn  by  horses  or  other  animal 
power,  or  propelled  by  mechanical  motor,  except  a  street  car, 
used  or  to  be  used  for  the  conveyance  of  persons  for  hire  from 
place  to  place  within  the  City  of  Baltimore,  shall  be  deemed  to 
be  a  hackney  carriage  within  the  meaning  of  this  sub-division 
of  this  Article. 

P.  L.  L.,    (1860)   Art.  4,  sees.  143,  144.     1865,  ch.  90.     P.  L.  L.,    (1888) 
Art.  4,  sees.  136,  137.    1910,  ch.  109. 

282.  Every  hackney  carriage,  drawn  by  horse  or  other  ani- 
mal power,  licensed  as  required  by  law,  shall  be  provided  with 
a  lamp  on  each  side,  and  said  lamps  shall  be  kept  lighted  when 
such  vehicle  is  in  use  in  the  night  time,  and  the  number  of  the 
owner's  license  of  not  less  than  two  inches  in  length  shall  be 
placed  on  each  side  of  such  carriage  both  within  and  without, 
in  such  a  position  as  to  be  distinctly  seen  and  read,  and  the 
owner,  driver  or  person  having  charge  of  a  hackney  carriage, 
whether  drawn  by  horse  or  other  animal  power  or  propelled  by 
mechanical  motor,  shall  keep  in  a  conspicuous  place  in  the  in- 
terior of  such  carriage  at  all  times  the  rates  of  fare  and  the 
charges  prescribed  and  furnished  by  the  said  Board  of  Police 
Commissioners.  Any  owner,  driver,  chauffeur  or  person  having 
in  charge  any  hackney  carriage  as  aforesaid,  who  shall  omit. 


212 

neglect  or  refuse  to  comply  with  the  directions  herein  con- 
tained shall,  upon  conviction,  be  punished  by  a  fine  of  ten 
dollars. 

F.  L.  L.,   (ISGO)   Art.  4,  sec.  145.     P.  L.  L.,   (1888)   Art.  4,  sec.  138. 

1910,  ch.  109. 

283.  Every  driver,  chauffeur  of  or  person  having  in  charge 
any  hackney  carriage,  licensed  as  required  by  law,  whether 
drawn  by  horse  or  other  animal  power  or  propelled  by  mechani- 
cal motor,  who  shall  refuse  or  omit  when  required  to  inform 
any  person  using  such  carriage  or  applying  for  the  use  of  it, 
the  true  number  thereof  or  the  correct  amount  of  the  rate  of 
fare  or  charge  authorized  to  be  asked  for  the  use  of  it,  or  shall 
wilfully  mislead,  misconvey  or  insult  by  abusive  or  indecent 
and  opprobrious  language  any  passenger  whom  he  shall  have 
in  his  care  for  conveyance  in  the  carriage  of  which  he  is 
driver,  chauffeur  or  person  having  charge  thereof,  shall,  upon 
conviction,  be  punished  by  a  fine  not  exceeding  twenty  dollars. 

1892,  cli.  631.     p.  L.  L.,   (1888)  Art.  4,  sec.  138A.    1910,  ch.  109. 

284.  Any  driver,  chauffeur  of  or  person  having  in  charge 
any  hackney  carriage  who  shall  ask,  charge,  demand  or  receive 
more  than  the  rates  of  fare  or  charges  as  established  by  the 
Board  of  Police  Commissioners  in  the  City  of  Baltimore  from 
time  to  time  from  any  passenger  or  passengers  shall,  upon  con- 
viction, be  punished  by  a  fine  not  exceeding  fifty  dollars,  or 
imprisonment  in  jail  for  a  period  not  exceeding  six  months 
nor  less  than  thirty  days,  or  both  such  fine  and  imprisonment ; 
and  any  passenger  or  passengers  who  shall  refuse  to  pay  or  at- 
tempt to  avoid  payment  of  the  rates  of  fare  or  charges  so  as 
aforesaid  established  by  the  Board  of  Police  Commissioners 
shall  be  guilty  of  a  misdemeanor,  and  shall,  upon  conviction, 
forfeit  and  pay  a  fine  of  not  exceeding  fifty  dollars. 

1865,  ch.  90.     P.  L.  L.,    (1888)   Art.  4,  sec.  139.     1910,  ch.  109. 

285.  'No  driver,  chauffeur  of  or  person  having  charge  of  any 
hackney  carriage,  except  omnibus,  park  phaeton  or  sightseeing 
vehicle,  shall  take  up  or  carry  any  j)assengers  after  the  car- 
riage has  been  occupied,  engaged  or  hired  by  any  prior  pas-, 
senger  until  such  prior  passenger  shall  have  discharged  said 
carriage,  without  tlie  consent  of  such  prior  passenger,  and  such 
prior  passenger  shall  not  be  obliged  or  asked  to  pay  any  extra 
fare  or  fee  for  refusing  such  consent,  and  every  person  having 
charge  of  a  hackney  carriage  shall,  immediately  after  deliver- 


213 

ing  any  passenger,  search  said  carriage  for  any  property  which 
may  have- been  left  therein,  and  any  property  found  therein  by 
any  person  having  charge  of  any  hackney  carriage,  and  not 
restored  to  the  owner  thereof  within  twenty-four  hours,  shall 
be  delivered  by  the  finder  thereof  to  the  Board  of  Police  Com- 
missioners, to  be  by  them  held  and  disposed  of  as  required  by 
law  in  the  case  of  lost  and  stolen  property.  Any  person 
violating  the  provision  of  this  section  shall  be  guilty  of  a  mis- 
demeanor, and  shall,  upon  conviction,  be  punished  by  a  fine  not 
exceeding  ten  dollars. 

1865,  ch.  90.     p.  L.  L.,    (1888)   Art.  4,  sec.  140.     1910.  ch.  109. 

286.  The  said  Board  of  Police  Commissioners  are  authorized 
and  empowered  to  set  aside  and  designate  certain  places  in 
the  City  of  Baltimore  to  be  occupied  and  used  as  public  or 
private  stands  for  hackney  carriages,  and  to  stipulate  the  num- 
ber of  such  carriages  which  may  occupy  or  use  each  of  such 
stands,  and  to  make  regulations  for  the  occupation  and  use  of 
such  stands.  Any  person  violating  any  of  the  provisions  of  this 
section  or  any  regulation  made  by  the  said  Board  of  Police 
Commissioners  under  the  authority  in  this  section  conferred 
shall  be  giiilty  of  a  misdemeanor,  and  shall,  upon  conviction, 
forfeit  and  pay  a  fine  of  not  exceeding  twenty  dollars. 

1865,  ch.  90.     P.  L.  L.,    (1888)    Art.  4,  sec.  141. 

287.  Each  and  every  proprietor  of  hackney  carriages  shall, 
at  the  time  when  he  applies  for  a  special  license,  or  any  re- 
newal thereof,  furnish  the  Comptroller  or  other  proper  officer 
of  the  City  of  Baltimore  with  a  correct  statement  of  the  number 
of  hackney  carriages  used  by  him;  and  such  owner,  whenever 
he  shall  increase  the  number  of  such  hackney  carriages,  shall 
report  such  increase  to  the  Comptroller  or  other  proper  officer 
of  said  city;  and  every  person  violating  any  of  tlie  provisions 
of  this  section  shall  forfeit  his  license,  and  be  liable  to  a  penalty 
of  ten  dollars. 

288  and  289.     Kepealed  by  Act  of  1910,  Chapter  100. 

P.  L.  L.,  (1800)  Art.  4,  sec.  148.    P.  L.  L.,  (1888)  Art.  4,  sec.  144. 

290.  All  penalties  which  shall  be  recovered  for  the  breach 
of  any  of  the  provisions  of  this  sub-division  of  this  Article, 
shall  be  appropriated  one-half  to  the  use  of  the  dispensaries 
in  the  City  of  Baltimore,  to  be  equally  divided  between  them, 
and  the  other  half  to  the  use  of  the  informer,  whose  name  shall 
be  endorsed  on  the  warrant  issued  for  the  recovery  of  each 
respective  penalty. 


; 


214 
HORSES,  ETC.  LIVERY  STABLE  CHARGES. 

1865,  ch.  163.     P.  L.  L.,    (1888)   Art.  4,  sec.  145. 

291.  It  shall  be  lawful  for  any  livery  stable  keeper  to 
retain  in  his  custody  any  horse,  mare  or  gelding  placed  under 
his  care  for  livery,  and  also  any  vehicle,  until  all  charges  for 
so  keeping  shall  be  paid  by  the  owner  thereof. 

1865,  ch.  163.     P.  L.  L.,  (1888)  Art.  4,  sec.  146. 

292.  It  shall  and  may  be  lawful  for  such  livery  stable 
keeper  to  sell  any  such  horse,  mare  or  gelding,  or  vehicle,  at 
public  auction  in  the  City  of  Baltimore,  after  giving  at  least 
twenty  days'  notice  in  two  of  the  daily  newspapers,  published  in 
the  City  of  Baltimore,  of  the  time,  place  and  manner  of  sale ; 
and  after  deducting  the  amount  due  for  keeping,  together  with 
all  expenses  of  said  sale,  to  return  the  surplus,  if  any,  to  the 
owner  of  such  horse,  mare  or  gelding,  or  vehicle. 

1865,  ch.  163.     P.  L.  L.,  (1888)  Art.  4,  sec.  147. 

293.  Before  proceeding  as  above,  it  shall  be  necessary  for 
such  livery  stable  keeper  to  state  an  account  for  keeping  of 
such  horse,  mare  or  gelding,  or  vehicle,  and  prove  the  same 
before  a  Justice  of  the  Peace  for  the  City  of  Baltimore,  who, 
upon  being  satisfied  by  proof  of  demand  and  refusal  or  neglect 
to  pay  on  the  part  of  the  owner,  shall  thereupon  issue  his  war- 
rant authorizing  such  sale  as  aforesaid ;  provided,  that  the  pro- 
prietors of  such  livery  stables  shall  set  up  on  their  premises,  in 
some  conspicuous  place,  a  copy  of  the  aforegoing  two  sections, 
printed  in  large  type,  and  their  rates  of  livery. 

CORONERS,  INQUESTS  AND  DEAD  BODIES. 

1878,  ch.  347.  1S90,  ch.  207.  P.  L.  L.,  (1888)  Art.  4,  sec.  149.  1892, 

ch.  15.  1894,  ch.  84. 

294.  The  Governor,  by  and  with  the  advice  and  consent 
of  the  Senate,  shall  appoint  and  commission  seven  competent 
physicians  to  act  as  coroners  for  the  City  of  Baltimore,  to 
hold  office  during  the  period  of  two  years,  at  an  annual  salary 
of  one  thousand  dollars  each,  payable  quarterly  by  the  City 
Register;  and  said  coroners  shall  be  assigned  to  duty  by  the 
Governor,  and  to  each  of  the  police  districts  of  the  City  of  Bal- 
timore; and  it  is  further  provided,  that  whenever  the  police 
districts  of  the  City  of  Baltimore  shall  be  increased  in  number 
by  the  order  of  the  Board  of  Police  Commissioners  of  Balti- 
more City,  the  Governor  shall  appoint  an  additional  coroner  for 


216 

each  of  the  police  districts  so  created;  provided,  that  before 
entering  upon  the  duties  of  their  oifice,  the  persons  appointed 
shall  take  the  oath  of  office  prescribed  by  the  Constitution  of 
the  State  of  Maryland,  for  office-holders ;  and  further,  they  shall 
give  bond  to  the  said  State  of  Maryland,  with  security  to  be 
approved  by  the  Judge  of  the  Superior  Court  of  Baltimore 
City,  in  the  penalty  of  two  thousand  dollars  each,  conditioned 
for  the  faithful  performance  of  their  duties,  as  now  prescribed 
by  law,  or  which  shall  hereafter  be  prescribed. 
Young  V.  College,  etc.,  81  Md.  358. 

1872,  ch.  45.     P.  L  L.,   (1888)  Art.  4,  sec.  150.     1898,  ch.  123. 

1902,  ch.  317. 

295.  In  addition  to  the  coroners  provided  for  in  the  pre- 
ceding section  the  Governor  shall  appoint  one  more  coroner 
for  the  ''City  of  Baltimore,"  to  be  known  as  the  "Coroner  at 
Large"  for  said  city,  whose  duty  it  shall  be  to  act  in  the  place 
of  j.ny  of  the  coroners  who  shall  have  been  assigned  to  the 
valgus  police  districts  of  said  city  who  may  have  been  pre- 
vented by  illness  or  enforced  absence  from  attending  to  his 
duties ;  the  said  coroner  at  large  shall  receive  the  same  com- 
pensation as  is  prescribed  in  the  preceding  section  for  other 
coroners  for  said  city.  The  coroners  provided  for  in  the  pre- 
ceding section  shall  be  assigned  to  such  sub-division  or  district 
of  the  City  of  Baltimore  as  the  Governor  may  direct. 

P.  L.  L.,  (1860)  Art.  4,  sec.  153,  154.     1872,  ch.  45.    P.  L.  L.,  (1888) 

Art.  4,  sec.  151. 

296.  The  Coroner  shall  hold  an  inquest  over  every  person 
found  dead  in  his  district  in  said  city  when  the  manner  and 
cause  of  death  shall  not  be  already  knowTi  as  accidental,  or  in 
the  course  of  nature.  No  Coroner's  jury  in  said  city  shall 
receive  any  fee  or  compensation  for  services  as  such ;  and  said 
Coroners  are  authorized  and  empowered  to  issue  their  certifi- 
cates to  the  City  Register  for  the  payment  of  such  expenses 
as  may  be  necessary  for  the  interment  of  any  person  over  whom 
they,  or  either  of  them,  has  held  an  inquest,  and  whose  body  is 
not  claimed  by  friends  or  relatives ;  provided,  the  amount  of 
such  expenses  shall  not  in  any  case  exceed  the  sum  of  seven 
dollars. 

P.laney  v.  State,  74  Md.  1.53.  Young  v.  College  of  Physicians,  etc.,  81 
Md.   ;i58. 

1872,  ch.  4.5.     P.  L.  L.,   (1888)   Art.  4,  sec.  152. 

297.  Each  of  said  Coroners  shall  make  a  monthly  report  to 


216 

the  Police  Commissioners  of  Baltimore  City,  of  the  mimbcr 
of  inquests  held  by  him  during  the  month  last  past  before 
said  report,  with  a  full  description,  as  far  as  may  be,  of  the 
persons  who  were  the  subjects  of  such  inquests,  their  sex,  age, 
color  and  nationality,  the  cause  and  mode  of  their  death,  and 
such  other  particulars  as  may  be  necessary  for  their  identifica- 
tion, in  case  of  strangers  and  unlcnown  persons ;  and  each  of 
said  Coroners  shall  also,  immediately  after  holding  an  inquest, 
deposit  in  some  bank  of  Baltimore  City,  subject  to  the  order 
of  the  Judges  of  the  Orphans'  Court  of  said  city,  all  property, 
money  and  other  effects  found  upon  the  person  of  those  over 
whom  he  shall  hold  inquest,  as  hereinbefore  provided. 

1882,  ch.  163.     1890,  cli.  166.     P.  L.  L.,   (1888)   Art.  4,  sec.  153. 

298.  Any  public  officer  of  Baltimore  City  or  Baltimore 
County  having  charge  of  or  control  over  the  bodies  of  deceased 
persons  required  to  be  buried  at  the  public  expense  or  at  the 
expense  of  any  institution  supported  by  said  City  or  County, 
shall  notify  the  chairman  of  the  Anatomy  Board,  said  board 
being  composed  of  a  demonstrator  of  anatomy  from  each  medi- 
cal school  in  the  State,  of  the  existence  and  possession  of  such 
bodies,  and  shall  give  permission  to  said  Anatomy  Board, 
through  its  chairman,  or  to  any  physician  or  surgeon  of  the 
State  of  Maryland  upon  his  request  made  therefor,  to  take 
such  bodies  within  forty-eight  hours  after  death,  to  be  by  him 
used  within  the  State  for  the  advancement  of  medical  science, 
preference  being  given  to  medical  schools,  public  and  private ; 
and  said  bodies  shall  be  distributed  to  and  among  the  same 
equitably,  the  number  assigned  to  each  being  proportioned  to 
that  of  its  students;  provided,  however,  that  if  any  person 
claiming  to  be  and  satisfying  the  proper  authorities  that  he  is, 
of  kindred  to  the  deceased,  or  that  he  was  a  friend  to  de- 
ceased during  his  life,  shall  ask  to  have  the  body  for  burial, 
it  shall  be  surrendered  for  interment ;  or  if  such  deceased  per- 
son was  a  stranger  or  traveler  who  died  suddenly,  the  body 
shall  be  buried  and  not  handed  over  as  aforesaid.  Any  public 
officer  of  Baltimore  City  or  County  having  charge  of  or  control 
over  the  bodies  of  the  deceased  persons  required  to  be  buried 
at  the  public  expense  or  at  the  expense  of  any  institution  sup- 
ported by  said  city  or  county,  who  shall  neglect  or  refuse 
to  comply  with  the  requirements  of  this  section,  shall  be  guilty 
of  a  misdemeanor,  and  shall  upon  conviction  be  fined  not  less 
than  fifty  nor  more  than  one  hundred  dollars  for  each  and 
every  offence. 


217 

1882,  ch.  113.     P.  L.  L.,    (1888)   Art.  4,  sec.  154. 

299.  Every  physician  or  surgeon,  before  receiving  any  such 
dead  body  shall  give  to  the  proper  authorities  a  sufficient  bond 
that  such  body  shall  be  used  only  for  the  promotion  of  medi- 
cal science  within  the  State;  and  whosoever  shall  use  such 
body  for  any  other  purpose,  or  shall  remove  the  same  beyond 
the  limits  of  this  State,  and  whosoever  shall  sell  or  buy  such 
body,  or  in  any  way  traffic  in  the  same,  shall  be  deemed  guilty 
of  a  misdemeanor,  and  shall,  on  conviction,  be  imprisoned  for  a 
term  not  exceeding  five  years  at  hard  labor  in  the  City  Jail. 

COURTS. 

Superior  Court,  Court  of  Common  Pleas  and  Baltimore 

City  Court. 
^  1870,  ch.  177.     p.  L.  L.,  (1888)  Art.  4.  sec.  155. 

300.  The  Judge  before  whom  any  case  may  be  tried  in 
either  the  Baltimore  City  Court,  the  Superior  Court  of  Balti- 
more City,  or  in  the  Court  of  Common  Pleas,  shall  have  ex- 
clusive jurisdiction  to  hear  and  determine,  and  the  said  judge 
shall  hear  and  determine,  all  motions  for  a  new  trial  where 
such  motions  arise,  either  on  questions  of  fact  or  for  misdirec- 
tion upon  any  matters  of  law,  and  all  motions  in  arrest  of 
judgment,  or  upon  any  matters  of  law,  determined  by  the  said 
judge;  and  all  such  motions  shall  be  heard  and  determined 
within  thirty  days  after  they  are  made. 

1870,  ch.  177.     p.  L.  L.,  (1888)  Art.  4,  sec.  156. 

301.  In  no  case  shall  either  the  plaintiff  or  defendant  be 
required  to  file  a  "paper  book"  of  evidence  or  brief,  in  either 
of  the  courts  of  the  City  of  Baltimore. 

1876,  ch.  96.     P.  L.  L.,   (1888)  Art.  4,  sec.  157. 

302.  The  stated  terms  of  the  Superior  Court  of  Baltimore 
City,  the  Court  of  Common  Pleas  and  the  Baltimore  City 
Court,  shall  commence  on  the  second  Monday  in  January,  the 
second  ]\[onday  in  May,  and  the  second  Monday  in  September, 
in  each  year. 

Preston  v.  McCann,  77  Md.  30. 

Powers  of  f^upcrior  Court.  Tho  Superior  Coiu't  has  no  power,  under 
section  107  of  Art.  2.'i,  Code  I'ublic  General  Laws,  to  confirm  or  set  aside 
an  inquisition  of  a  Sheriff's  Jury.  W.  M.  Tidewater  R.  R.  Co.  v.  Leon- 
ard, Daily  Record,  .Tune  15,  1903. 


218 

1864,  ch.  6,  sec.  1.    1886,  ch.  184.    P.  L.  L.,  (1888)  Art.  4,  sec.  158. 

303.  In  addition  to  the  first  day  of  each  term  of  the 
Superior  Court  of  Baltimore  City,  the  Court  of  Common  Pleas 
of  the  City  of  Baltimore,  and  the  Baltimore  City  Court,  the 
second  Monday  in  February,  March,  April,  June,  July,  August, 
October,  November  and  December,  in  each  year,  shall  be  re- 
turn days,  and  the  words  "return  day,"  wherever  used  in  this 
sub-division  of  this  Article  shall  apply  as  well  to  the  first  day 
of  each  term  as  to  the  other  return  davs  herein  enumerated. 

1886,  ch.  184.    P.  L.  L.,  (1888)  Art.  4,  sec.  159. 

304.  All  original  writs,  writs  of  execution,  attachment,  re- 
plevin, ejectment,  scire  facias  and  habere  facias,  as  well  as  all 
other  writs  and  process  issued  from  or  returnable  to  any  of 
said  courts,  which  under  the  practice  heretofore  existing  would 
have  been  returnable  to  the  first  day  of  the  term,  or  to  a  re- 
turn day,  shall  hereafter  be  made  returnable  to  the  first 
return  day  after  the  issue  of  the  same,  or  may  be  made  return- 
able to  the  second  return  day  thereafter,  if  the  party  by  whose 
direction  the  same  was  issued,  or  his  attorney,  shall  so  request 
in  writing. 

1864,  ch.  6,  sec.  3.     1886,  ch.  184.     P.  L.  L.,   (1888)  Art.  4,  sec.  160. 

1894,  ch.  180. 

305.  On  the  return  of  an  original  writ,  not  executed  in 
either  of  said  courts,  the  same  may  be  renewed,  returnable  to 
the  next  return  day  thereafter,  and  after  two  returns  of  any 
original  writ  not  executed  at  the  two  succeeding  return  days 
after  the  writ  is  first  issued,  the  same  shall  be  permitted  to  lie 
dormant,  renewable  only  on  the  written  order  of  the  plaintiff 
or  his  attorney  of  record  to  such  future  return  day  as  the  said 
plaintiff  or  his  attorney  may  elect,  and  upon  a  further  return 
if  not  executed,  said  writ  shall  be  again  permitted  to  lie,  re- 
newable only  as  aforesaid,  the  said  plaintiff  or  his  attorney 
having  the  right  to  renew  said  writ  to  as  many  subsequent 
return  days,  under  the  same  mode  of  procedure  as  may  be 
deemed  proper,  until  the  same  is  executed. 

1864,  ch.  6,  sec.  4.     1886,  ch.  184.     P.  L.  L.,   (1888)  Art.  4,  sec.  161. 

306.  After  the  execution  of  any  writ  or  other  process  made 
returnable  to  a  return  day  in  either  of  said  courts,  the  same 
proceedings  may  be  had  thereupon  as  if  the  same  had  been 
made  returnable,  and  had  been  returned  to  a  term  of  said 
court  under  the  practice  heretofore  existing,  except  as  herein- 
after  otherwise   provided. 


219 

Exemption  from  service  of  process  in  civil  actions:  A  non-resident 
here  for  the  sole  purpose  of  attending  upon  the  trial  of  a  case  to  which 
he  is  a  party,  is  exempted  from  the  service  of  process  in  a  civil  action. 
But  such  privilege  may  be  waived  or  lost  by  laches,  and  must  be  availed 
of  at  proper  time  by  plea  or  motion. 

Foss  V.  Carnell,  Daily  Record,  January  23,  1894. 

1864.  ch.  6,  sec.  5.     1886,  ch.  184.     P.  L.  L.,   (1888)  Art.  4,  sec.  162. 

307.  If  a  defendant  be  returned  "summoned,"  and  shall 
fail  to  appear,  the  clerk  of  the  court  on  the  day  following  the 
return  day  to  which  the  writ  or  process  served  on  him  is  re- 
turnable, shall  enter  the  appearance  of  any  defendant  so  sum- 
moned and  failing  to  appear,  and  the  action  shall  proceed  in 
the  same  manner  as  if  the  party  had  appeared  in  person. 

1886,  ch.  184.     P.  L.  L.,  (1888)  Art.  4,  sec.  163. 

SOSlk  When  a  declaration  in  any  action  shall  be  filed  in 
court,  and  a  copy  thereof  delivered  to  the  defendant  before 
the  day  of  the  return  of  the  writ,  and  the  defendant  shall  be 
summoned  before  the  said  day  of  the  return  of  the  w^-it,  he 
shall  plead  before  the  next  succeeding  return  day,  or  judgTiient 
by  default  for  want  of  a  plea  shall  be  entered  by  the  court  or 
clerk  thereof,  upon  motion  in  writing  made  by  the  plaintiff,  or 
his  attorney,  then,  or  at  any  time  thereafter,  before  the  filing 
of  a  plea  by  the  defendant,  unless  the  court  for  good  reasons 
shall  have  granted  said  defendant  further  time  to  plead;  and 
upon  such  entry  of  judgment,  the  plaintiff  may  forthwith  sue 
out  his  writ  of  inquiry,  or  otherwise  enter  up  final  judgment 
according  to  the  course  of  the  court. 

Cooper  V.  Roche,  36  Md.  563.    Cf.,  Condon  v.  Gore,  89  Md.  230. 

The  clerk  has  no  authority  to  enter  up  a  judgment  for  want  of  a  plea 
except  on  motion  therefor  by  the  plaintiff  or  his  attorney. 
Griffith  V.  Graham,  Daily  Record,  July  15,  1891. 

Practice — time,  election  jury  trial — rule,  Supreme  Bench,  effect  of — 
mode  presenting  rule,  Court  of  Appeals. 

Baltimore  v.  Thomas,  115  Md.  212. 

1886,  ch.  184.     P.  L.  L.,  (1888)  Art.  4,  sec.  164. 

309.  "When  any  action  shall  be  brought  upon  a  titling  and 
the  defendant  shall  have  been  summoned,  the  plaintiff  shall  file 
his  declaration  within  fifteen  days  after  the  return  day  to 
which  said  defendant  had  been  summoned,  or  judgment  of  non 
pros,  may  be  entered  by  the  court  or  the  clerk  thereof  against 
him  for  want  of  a  declaration,  upon  motion  in  writing  made  by 
the  defendant  at  any  time  thereafter,  unless  the  court  for  good 
cause  shown  shall  grant  further  time;  but  if  the  plaintiff  shall 


220 

have  filed  liis  declaration  in  any  such  action,  at  any  time  he- 
fore  the  entry  of  a  judgment  of  non  pros,  against  him,  the 
defendant  shall  be  required  to  plead  to  such  declaration  within 
the  time  and  upon  the  terms  prescribed  by  the  rules  of  the 
court,  or  judgment  by  default  may  be  entered  against  him  as 
provided  by  said  rules. 

1886,  ch.  184.    P.  L.  L.,   (1888)  Art.  4,  sec.  165. 

310.  Every  suit  in  which  any  defendant  shall  be  returned 
summoned,  shall  stand  for  trial  or  judgment  (as  against  such 
defendant)  at  the  return  day  next  succeeding  the  day  to  which 
he  has  been  summoned;  provided,  the  declaration  shall  have 
been  filed  in  court,  and  a  copy  thereof  shall  have  been  served  on 
the  defendant,  or  his  attorney,  at  least  fifteen  days  before  said 
return  day;  and  all  such  suits  in  which  final  judgment  is  not 
entered  on  that  day,  shall  then  be  put  at  the  end  of  the  trial 
calendar  of  the  court  in  which  they  are  brought,  in  the  order 
in  which  they  were  instituted  in  said  court,  and  shall- be  finally 
disposed  of  as  far  as  possible  when  reached  in  their  regular 
course. 

1886,  ch.  184.     P.  L.  L.,   (1888)  Art.  4,  sec.  166. 

311.  In  all  cases  in  which  a  party  by  law  would  be  entitled 
to  a  continuance,  the  court  may,  instead  of  continuing  the 
cause  to  the  next  term,  postpone  the  same  for  thirty  days,  or 
such  other  period  as  will  best  subserve  the  interests  of  justice. 

Smithson  v.  U.  S.  Telegraph  Co.,  29  Md.  165. 

SPEEDY  JUDGMENT   ACT. 

1858,  ch.  323.     1864,  ch.  6,  sec.  7.     1886,  ch.  184,  sec.  170.     P.  L.  L., 
(1888)  Art.  4,  sec.  167.     1894,  ch.  173. 

312.  In  any  suit,  when  the  cause  of  action  is  a  contract, 
whether  in  writing  or  not,  or  whether  expressed  or  implied,  the 
plaintift",  if  afiidavit  or  affirmation  be  made,  as  hereinafter  stated, 
shall  be  entitled  to  judgment  to  be  entered  by  the  Court  or  the 
clerk  thereof,  on  motion,  in  writing,  at  any  time  after  fifteen 
days  from  the  return  day  to  which  the  defendant  shall  have 
been  summoned,  although  the  defendant  may  have  pleaded, 
unless  such  plea  contains  a  good  defence  and  unless  the  de- 
fendant or  some  one  in  his  behalf  shall,  under  oath  or  affirma- 
tion, state  every  plea  so  pleaded  by  the  defendant  is  true; 
and  shall  further  state  the  amount  of  plaintift's  demand, 
if  anything,  admitted  to  be  due  or  owing,  and  the  amount  dis- 
puted, and  further,  that  the  affiant  verily  believes  the  defendant 


221 

will  be  able  at  the  trial  of  the  cause  to  produce  sufficient  evi- 
dence to  support  the  plea  as  to  the  portion  disputed,  and  that 
he  is  advised  by  counsel  to  file  the  said  plea;  and  such  plea 
shall  be  accompanied  by  a  certificate  of  counsel  that  he  so  ad- 
vised the  party  making  such  oath  or  affirmation,  and  if  the  co- 
partnership or  incorporation  of  any  of  the  parties  to  the  suit 
shall  be  alleged  in  the  declaration  and  the  affidavit  to  be  filed 
therewith,  as  hereinafter  provided ;  or  if  there  shall  be  filed 
with  the  declaration  in  said  cause,  any  paper  purporting  to 
be  signed  by  any  defendant  therein,  the  fact  of  such  alleged 
copartnership  or  incorporation,  and  the  genuineness  of  such 
signature  shall  be  deemed  to  be  admitted  for  the  purposes  of 
said  cause,  unless  the  said  affidavit  shall  further  state  that  the 
affiant  knows,  or  has  good  reason  to  believe,  such  allegation  of 
copartnership  or  incorporation  to  be  untrue,  or  that  such  sig- 
nature was  not  written  by  or  by  the  authority  of  the  person 
whose  signature  it  purports  to  be.  In  case  any  part  of  the 
debt  or  damages  claimed  to  be  admitted  to  be  due,  the  plaintiif 
shall  be  entitled  forthwith  to  an  entry  of  judgment  there- 
for, with  costs  in  the  discretion  of  the  court,  to  the  time  of 
entry  of  such  judgment,  and  if  the  amount  so  admitted  to  be  due 
shall  not  be  below  the  jurisdiction  of  the  court,  the  plaintiff 
may  at  once  have  execution  therefor,  and  upon  such  entry  of 
judgTaent  the  plaintiff  may  join  issue  or  reply  to  the  pleas  as 
to  the  disputed  portion,  and  the  case  shall  be  proceeded  with 
as  to  such  disputed  portion  in  the  same  manner  as  if  the  suit 
had  been  originally  instituted  for  the  recovery  of  the  same ; 
and  the  court  shall  have  jurisdiction  as  to  such  disputed  portion 
in  all  cases  where  the  amount  originally  claimed  shall  be  within 
the  jurisdiction  of  the  court,  but  if  either  judgment  in  the  case 
be  below  the  jurisdiction  of  the  court,  no  execution  shall  issue 
from  that  court  on  the  same,  and  the  provisions  of  section  17 
of  Article  26  of  the  Code  of  Public  General  Laws  shall  apply 
thereto;  yet  if  the  sum  of  the  two  judgments  shall  eqiial  such 
jurisdiction  they  may  then  be  included  in  an  execution  issued 
from  that  court ;  provided,  that  the  court  for  good  cause  shown, 
may,  by  its  order  in  writing,  passed  at  any  time  before  judg- 
ment, extend  the  time  for  filing  such  pleas  and  affidavits,  which 
extension  shall  suspend,  until  the  expiration  thereof,  the  plain- 
tiff's right  to  enter  judgment  under  this  section. 

Smithson  v.  U.  S.  Telg.  Co.,  29  Md.  162.  Jones  v.  Freeman,  29  Md. 
27.3^  State  u.se  of  Bouldin  v.  Steibel,  31  Md.  34.  Knickerbocker  Ice 
Co.  V.  Iloeske,  .32  Md.  317.  King  v.  Hicks,  32  Md.  400.  Jones  v.  Burnett, 
3.5  Md.  258.  Keen  v.  Wliittin«fon,  40  Md.  489.  Baltimore  v.  Ideson,  47 
Md.  542.    Traber  v.  Traber,  50  Md.  1.    Thorne  v.  Fox,  G7  Md.  67.    Adler 


222 

V.  Crook.  68  Md.  404.  Hntton  v.  Marx,  69  Md.  252.  May  v.  Wolvington. 
69  Md.  117.  Thilluian  v.  Sliadrick.  69  Md.  528.  Gemmill  v.  Davis,  71 
Md.  458.  Huntington  v.  Emery,  74  Md.  67.  Baltimore  Pub.  Co.  v.  Hooper, 
76  Md.  115.  Sanborn  v.  Mullen,  77  Md.  480.  Laubheimer  v.  Nail,  88  Md. 
174.  Griffith  v.  Adams,  95  Md.  175.  Singer  v.  Fidelity  &  Dept.  Co.,  96 
Md.  224.  Farmers,  etc.  Bank  v.  Hunter,  97  Md.  148.  Horner  v.  Plumley, 
97  Md.  277.  Codd  Co.  v.  Parker,  97  Md.  323-325.  Smith  v.  Hallwood 
Cash  Reg.  Co.,  97  Md.  354.  Nicholson  v.  Snyder,  97  Md.  419.  Deved  v. 
Carrington.  98  Md.  378.  Abbott  v.  Bowers,  98  Md.  525.  Steuart  v.  Chap- 
pell.  98  Md.  530.  Colbourn  Bros.  v.  Boulton,  100  Md.  353.  354.  Miller 
V.  Michaels,  101  Md.  188.  Commonwealth  Bank  v.  Kirkland,  102  Md.  662. 
See  note,  page  219,  Baltimore  City  Code  (1879). 

NOTES    OF   DECISIONS    OF   BALTIMORE    CITY    COURTS. 

(1)  The  affidavit  required  of  defendants,  does  not  apply  to  those 
cases  in  which  the  defendants  are  executors. 

(2)  The  Baltimore  City  Court  has  jurisdiction  over  a  suit  to  recover 
the  even  sum  of  $100.00,  when  interest  thereon  is  recoverable  as  of  right. 
Mutual  Life  Ins.  Co.  v.  Hantske,  Daily  Record,  December  15,  1900. 

(3)  Pi-actice  Act  of  Baltimore  City:  A  special  count  which  states 
no  express  contract  to  pay  money,  or  any  facts  from  which  such  a  con- 
tract can  be  implied,  cannot  be  filed  with  the  common  counts  under  the 
Practice  Act  of  Baltimore  City.  Murray  v.  Revel,  Daily  Record,  Jan- 
uary 10,  1899. 

(5)  Declaration:  A  declaration  filed  under  Act  1886,  ch.  184,  made 
before  a  Justice  of  Peace  in  another  state  and  not  having  attached  to  it 
a  certificate  of  the  Judge  of  the  Court  according  to  the  Act  of  Congress, 
is  defective  and  a  judgment  of  nan  pros,  will  be  allowed  on  motion. 
Downs  V.  Appold.  Daily  Record.  October  19,  1892. 

(6)  The  declaration  and  affidavit  must  agree,  otherwise  a  motion  to 
strike  out  the  judgment  will  prevail.  Griffith  v.  Graham,  Daily  Record, 
July  15,  1891. 

Upon  demand  for  Bill  of  Particulars,  defendant  entitled  to  have  order 
extending  time  to  plead. 

Newbold  v.  Green.  122  Md.  649.     {See  Act  1914,  ch.  378). 

Pleas  were  withdrawn  and  new  pleas  substituted  by  permission  of 
Court,  to  which  plaintiff  filed  replication  and  proceeded  to  trial.  Held, 
that  the  replication  and  the  proceeding  with  the  trial  amounted  to  a 
waiver  by  the  plaintiff  of  the  right  to  raise  on  appeal  the  question  of 
the  correctness  of  the  ruling.  The  proper  course  would  have  been  for 
the  plaintiff  to  decline  to  file  the  replication,  and  to  suffer  judgment 
by  default,  from  which  judgment  an  appeal  can  be  taken. 
Shoop  V.  F.  &  D.  Co.,  124  Md.  130. 

1864,  ch.  6,  sec.  8.    1886,  ch.  184,  sec.  171.    P.  L.  L.,  (1888)  Art.  4, 

sec.  168. 

313.  The  plaintiff  shall  not  be  entitled  to  judgment  under 
the  preceding  section,  unless  at  the  time  of  bringing  his  action 
he  shall  file  with  his  declaration  an  affidavit  or  affirmation,  if 
the  affiant  is  conscientiously  scrupulous  as  to  taking  an  oath,  stat- 
ing the  true  amount  the  defendant  is  indebted  to  him,  over  and 
above  all  discounts,  and  shall  also  file  the  bond,  bill  of  exchange, 


I 


223 

promissory  note  or  other  writing  or  account  by  which  the  de- 
fendant is  so  indebted;  or  if  the  action  be  founded  upon  a 
verbal  or  implied  contract,  shall  file  a  statement  of  the  particu- 
lars of  the  defendant's  indebtedness  thereunder.  If  there  are 
two  or  more  plaintiffs,  the  said  affidavit  or  affirmation,  may 
be  made  by  any  one  of  them,  or  if  all  the  plaintiffs  be  absent 
from  the  State  at  the  time  of  the  bringing  of  said  suit,  or  if 
the  plaintiff  be  a  corporation,  the  said  affidavit  or  affirmation 
may  be  made  by  an  agent  of  plaintiff  or  plaintiffs,  or  any  of 
them,  who  will  make  further  oath  or  affirmation  that  he  has 
personal  knowledge  of  the  matters  therein  stated ;  and  the  said 
affirmation  or  affidavit  may  be  made  before  any  of  the  persons 
who  may  take  an  affidavit  or  affirmation  to  authorize  the  issuing 
of  a  foreign  attachment,  and  may  be  certified  in  the  same  man- 
ner. 

Mailhouse  v.  Inloes,  IS  Md.  332.  Griffin  v.  Leslie,  20  Md.  15.  Smith- 
son  V.  Tlie  United  States  Telegrapli  Co.,  29  Md.  165.  Jones  v.  Freeman, 
29  Md.  276.  Greff  v,  Fickey,  30  Md.  79.  State  v.  Steibel,  31  Md.  37. 
Kniclcerbocker  Life  Ins.  Co.  of  New  York  v.  Hoeske,  32  Md.  318.  McAl- 
lister V.  Eichengreen.  34  Md.  56.  Norris  v.  Wrenschall,  34  Md.  499. 
Canton  Nat.  Bldg.  Ass'n  v.  Weber,  34  Md.  671.  Jones  v.  Barnett,  35 
Md.  260.  Ingalls  v.  Crouch,  35  Md.  296.  Keene  v.  Whittington  &  Co., 
40  Md.  497.  Loney  v.  Bailey,  43  Md.  10.  McSherry  v.  Brooks,  46  Md. 
122.  Mayor  v.  Ideson,  47  Md.  542.  De  Atley  v.  Senior,  55  Md.  479. 
Parkhurt  v.  Citizens  Nat.  Bank,  61  Md.  254.  The  Orient  Mutual  Insur- 
ance Co.  V.  Andrews,  66  Md.  371.  Thorne  v.  Fox,  67  Md.  67.  Thillman 
V.  Shadrick,  69  Md.  528.  Gemmill  v.  Davis,  71  Md.  458.  Balto.  Pub.  Co. 
v.  Hooper,  76  Md.  165.  Laubheimer  v.  Nail,  88  Md.  174.  Singer  v. 
Fidelity  &  Deposit  Co.,  96  Md.  224.  Smith  v.  Hallwood  Cash  Reg.  Co., 
97  Md.  354.  Nicholson  v.  Snyder,  97  Md.  419.  Deved  v.  Carrington,  98 
Md.  378.  Abbott  v.  Bowers,  98  Md.  525.  Colbourn  v.  Boulton,  100  Md. 
357. 

In  connection  with  the  provisions  of  section  313,  see  further:  Wilson 
v.  Wilson,  8  Gill  192.  Cumberland  Coal  &  Iron  Co.  v.  Hoffman  Steam 
Coal  Co.,  22  Md.  499.  Warwick  v.  Chase,  23  Md.  154.  Evesson  v.  Selby, 
32  Md.  345.  The  Universal  Life  Ins.  Co.  v.  Bachiis,  51  Md.  31.  Horner 
V.  Plumley,  97  Md.  271. 

1864,  ch.  6,  sec.  9.     1886,  ch.  184.     P.  L.  L.,   (1888)   Art.  4,  sec.  169. 

1894,  ch.  184. 

314.  Wlien  any  judgment  by  default  shall  be  entered  under 
any  of  the  preceding  sections,  the  court  may  assess  the  damages 
on  proof  thereof  without  empanelling  a  jury  to  do  so,  unless 
the  defendant  shall  have  filed  a  motion  in  writing  before  the 
entry  of  such  default  for  a  jury  trial,  and  shall  have  stated  in 
such  motion  how  much  of  the  plaintiff's  demand  is  disputed, 
and  how  much  thereof,  if  any,  is  admitted  by  such  defendant 
to  be  due,  and  in  such  case  the  plaintiff  may  forthwith  have 


224 

judgment  entered  up  for  the  amount  so  admitted,  as  provided 
in   the   preceding  section. 

Mailhouse  v.  Inloes,  IS  Md.  332,  333.  Knickerbocker  Ice  Co.  v.  Hoeske, 
32  Md.  317.  Norris  v.  Wrenschall,  34  Md.  492.  Laubheimer  v.  Nail,  8S 
Md.  174.  Singer  v.  Fidelity  &  Deposit  Co.,  96  Md.  224.  Colbourn  v. 
Boulton,  100  Md.  358. 

Judgment  by  Default:  Joint  liability  after  judgment  by  default.  In 
assumpsit  against  two  or  more  persons  sued  jointly,  the  defendants  on 
inquisition,  after  judgment  by  default,  cannot  deny  their  joint  liability. 
Santa  Clara  Mining  Co.  v.  Williams,  Daily  Record,  March  8,  1894. 

1890,  ch.  433.    P.  L.  L.,  (1888)  Art.  4,  sec.  169 A. 

315.  If  the  defendant  shall  dispute  the  whole  or  any  part 
of  the  plaintiff's  demand  in  any  action  brought  under  the  pro- 
visions of  the  three  foregoing  sections,  and  upon  trial  of  the  case 
the  plaintiff  shall  recover  a  judgment  for  any  portion  of  his 
demand  so  disputed,  then  the  plaintiff  shall  be  allowed  in  addi- 
tion to  the  costs  of  the  suit,  reasonable  counsel  fees,  to  be  fixed 
by  the  court,  said  fees  not  to  be  less  than  twenty-five  dollars  nor 
more  than  one  hundred  dollars. 

As  to  provisions  of  Section  315  relating  to  counsel  fees,  see,  Singer 
V.  Fidelity  and  Deposit  Co.,  96  Md.  224. 

1908,  ch.  644. 

315A.  In  all  cases  brought  under  the  provisions  of  section 
312  of  said  Article  4  of  the  Code  of  Public  Local  Laws  of  Mary- 
land, as  repealed  and  re-enacted  by  Act  of  Assembly  of  1898, 
chapter  123,  where  the  verdict  of  the  jury  or  the  court,  sitting 
as  a  jury  shall  be  for  the  defendant,  the  defendant  shall  be 
allowed,  in  addition  to  his  costs  of  suit,  reasonable  counsel  fees, 
not  to  be  less  than  twenty-five  dollars,  nor  more  than  one  hun- 
dred dollars. 

1914,  ch.  107. 

315 A.  If  judgment  be  entered  against  any  defendant  for 
failure  to  appear  and  plead,  or  failure  to  file  a  sufficient  plea, 
afiidavit  or  certificate  of  counsel,  under  the  four  preceding  sec- 
tions, the  court  in  which  such  judgment  has  been  rendered  may, 
upon  motion  filed  by  the  defendant  within  thirty  days  after 
entry  thereof,  strike  out  the  same  and  reinstate  such  case  with 
leave  to  such  defendant  to  file  pleas,  affidavit  and  certificate  of 
counsel,  or  amend  his  pleas,  affidavit  and  certificate  of  coun- 
sel already  filed,  within  not  exceeding  ten  days  thereafter, 
whenever  the  court  shall  be  of  the  opinion  that  the  interests  of 
justice  will  be  promoted  by  striking  out  such  judgment  and  so 
reinstating  such  case,  although  sufficient  grounds  for  striking 


225 

out  such  judgment  for  fraud,  deceit,  irregularity  or  such  other 
grounds  as  would  have  sufficed  before  the  enactment  of  this  sec- 
tion may  not  be  present;  provided,  however,  that  the  court 
granting  such  order  may  require  as  a  condition  thereto,  that  the 
defendant  give  bond  with  approved  security  for  the  payment 
of  any  judgment  finally  recovered  against  him  in  such  case  in 
such  penalty  as  may  be  prescribed  by  the  court,  and  that  the 
defendant  pay  the  costs  so  far  incurred  in  said  case,  or  any  other 
conditions  which  the  court  may  deem  proper;  and  if  any  de- 
fendant who  has  been  given  leave  to  file  pleas,  affidavit  or  certifi- 
cate, or  to  amend  those  already  filed,  under  this  section,  shall 
fail  to  file  a  sufficient  plea,  affidavit  or  certificate  of  counsel,  or 
to  amend  those  already  filed  so  as  to  be  sufficient  within  the  time 
so  limited,  then  the  plaintiff  shall  be  entitled  to  final  entry  of 
judgment  on  motion  therefor,  in  the  same  manner  as  for  failure 
to  file  a  sufficient  plea,  affidavit  or  certificate  within  the  time 
originally  limited  under  the  preceding  sections. 

1886,  ch.  184.     P.  L.  L.,  (1888)  Art.  4,  sec.  170. 

316.  Bills  of  exception  may  be  signed  in  any  cause  pending 
in  any  of  said  courts  at  any  time  within  thirty  days  from  the 
rendition  of  the  verdict  of  the  jury  or  the  findings  of  the  court 
upon  the  issues  of  fact  in  said  cause,  but  not  thereafter,  unless 
the  time  for  signing  said  bill  of  exception  shall  have  been  pre- 
viously extended  by  order  of  court  or  by  consent  of  parties ;  but 
nothing  herein  shall  prevent  either  party  from  requiring  the 
bills  of  exception  to  be  signed  before  verdict. 

Gottlieb  V.  Fred.  W.  Wolff  Co.,  75  Md.  126.  Preston  v.  McCann,  77 
Md.  30.  Edelhoff  v.  Horuer-Miller  Co.,  86  Md.  595-605.  Am.  Tobacco 
Co.  V.  Strickling,  88  Md.  500. 

In  relation  to  bills  of  exception  generally,  see:  Briscoe  v.  Ward,  1 
H.  &  J.  165.  Dakin  v.  Pomeroy,  9  Gill  1.  Marsh  v.  Hand,  35  Md.  123. 
Balto.  Bldg.  Ass'n  v.  Grant,  41  Md.  560.  Carey  v.  Merryman,  46  Md. 
89.  Donohue  v.  Sliadrick,  46  Md.  226.  Horn  v.  Buck,  48  Md.  358.  Rup- 
pertsburger  v.  Clark,  53  Md.  402.  Weiskittel  v.  State,  61  Md.  48.  Thomas 
V.  Ford,  63  Md.  346.  Mayor,  &c.,  Westminster  v.  Shipley,  68  Md.  610. 
Bowling  V.  Turner,  78  Md.  595.    Central  Ry.  Co.  v.  Coleman,  80  Md.  335. 

1886,  eh.  184.     P.  L.  L.,  (1888)  Art.  4,  sec.  171. 

317.  Any  action  taken  or  order  passed  by  any  of  said  courts 
in  relation  to  any  judgment  rendered  by  it,  if  taken  or  passed 
within  thirty  days  after  the  entry  of  such  judgment,  or  upon  a 
motion  or  application  made  to  it  within  said  thirty  days,  shall 
have  the  same  effect  and  force  as  it  would  have  had  under  the 
practice  heretofore  existing  in  said  court  if  taken  or  passed 
during  the  term,  or  upon  a  motion  or  application  made  during 

(9) 


226 

the  term  at  which  said  judgment  was  entered,  and  no  more ;  but 
any  such  action  taken  or  order  passed  after  the  expiration  of 
thirty  days  from  the  entry  of  any  judgment,  (unless  upon  a 
motion  or  application  made  within  that  time),  shall  have  the 
same  effect  and  force  as  it  would  have  had  under  such  previous 
practice,  if  taken  or  passed  after  the  expiration  of  said  term, 
and  no  more ;  and  the  said  courts  shall  respectively  have,  for  a 
period  of  thirty  days  after  the  doing  of  any  act  or  thing  in  any 
cause  before  them,  the  same  revisory  power  and  control  over 
such  act  or  thing  which,  under  the  practice  heretofore  existing, 
they  would  have  had  over  the  same  during  the  term  at  which  it 
was  done,  and  no  more ;  and  after  thirty  days  from  the  doing  of 
any  such  act  or  thing,  the  said  courts  shall  have  the  same  re- 
visor}^  power  and  control  thereover,  which,  under  such  previous 
practice  they  would  have  had  after  the  expiration  of  the  term  at 
which  said  act  or  thing  was  done,  and  no  more. 

Preston  v.  McCauu,  77  Md.  33.    Laubheimer  v.  Johnson,  98  Md.  685. 

1886,  ch.  184.     P.  L.  L.,  (1888)  Art.  4,  sec.  172. 

318.  In  all  cases  where  the  pre-existing  laws  direct  or  re- 
quire that  any  act  or  thing  shall  be  done  in  or  by  any  of  said 
courts  during  the  same  term  at  which  some  other  act  or  thing 
may  be  done  or  happen,  such  first  mentioned  act  or 'thing  shall 
hereafter  be  done  within  thirty  days  after  the  doing  or  happen- 
ing of  said  last  mentioned  act  or  thing. 

1867,  ch.  164.     1886,  ch.  184.     P.  L.  L.,   (1888)  Art.  4,  sec.  173. 

319.  All  appeals  from  Justices  of  the  Peace  to  the  Baltimore 
City  Court  shall  stand  for  trial  on  the  day  following  the  return 
day  to  which  the  appellee  shall  be  returned  summoned,  or  the 
second  return  day  to  which  the  summons  issued  for  the  appellee 
shall  be  returned  non  est.  But  before  the  Baltimore  City  Court 
shall  proceed  to  try  any  such  appeal,  the  court  shall  first  be 
satisfied  that  all  costs  incurred  on  the  judgment  and  proceedings 
before  the  justice  have  been  paid  by  the  appellant. 

Appeals  from  Justices  of  the  Peace.  Where  a  Justice  of  the  Peace 
refuses  to  send  papers  to  the  Baltimore  City  Court  on  appeal,  on  writ 
of  mandamus,  said  court  will  compel  him  to  do  so,  and  the  court  will 
decide  whether  an  appeal  will  lie. 

Stewart  v.  Duvall,  Daily  Record.  March  7,  1897. 
Equity  has  no  jurisdiction  over  magistrate's  appeals. 

Mankowitz  v.  Pruzan,  Daily  Record,  April  20,  1898. 

1892,  ch.  186.     P.  L.  L.,    (1888)    Art.  4,  sec.  173A. 

320.  In  all  cases  in  which  appeals  are  or  may  be  allowed  to 
the  Baltimore  City  Court  from  the  decisions  of  any  commis- 


227 

sioners,  or  other  persons  appointed  in  any  manner  to  determine 
any  benefits  or  damages  in  any  form  of  condemnation  proceed- 
ings, for  the  nse  of  the  Mayor  and  City  Council  of  Baltimore,  it 
shall  be  lawful  for  the  city  to  enter  appeals  in  the  same  manner 
and  within  the  same  time  or  times  allowed  for  their  entry  by 
other  persons ;  and  all  such  appeals  by  whomsoever  prayed 
within  the  time  or  times  limited  therefor,  shall  be  heard  and 
determined  by  the  Baltimore  City  Court  as  speedily  as  may  be, 
each  person  interested  being  secured  in  his,  her  or  its  rights  to  a 
jury  trial ;  and  in  case  there  should  be  more  than  one  appeal  in 
reference  to  the  same  piece  of  property,  they  may  all  be  heard 
together,  in  the  discretion  of  the  court,  before  one  jury;  pro- 
vided, a  sufficient  panel  of  jurors  be  furnished,  so  that  the  city 
and  the  owners  or  representatives  of  each  separate  interest  or 
estate  in  such  property  may  strike  four  names  from  such  panel ; 
the  practice,  including  the  right  of  appeal  to  the  Court  of 
Appeals  in  all  such  cases,  shall  conform  as  near  as  may  be  to  the 
practice  now  prevailing  in  said  court  in  the  trial  of  appeals  from 
the  decisions  of  the  Commissioners  for  Opening  Streets. 

1892.  ch.  634.    P.  L.  L..  (1SS8)  Art.  4,  sec.  173B. 

321.  The  Supreme  Bench  of  Baltimore  City  shall  annually 
designate  two  members  of  the  said  bench  to  sit  in  their  respective 
courts,  attended  by  their  clerks,  during  the  annual  sittings  of 
the  Registers  of  Voters,  and  also  on  the  four  Saturdays  imme- 
diately preceding  the  September  session  of  the  Registers  of 
Voters  of  the  City  of  Baltimore,  for  the  purpose  of  hearing  and 
determining  applications  for  naturalization,  and  such  applica- 
tions shall  have  precedence  over  all  other  business. 

1900.  ch.  705. 
321A.  The  Supreme  Bench  is  authorized  to  adopt  rules  and 
regulations  governing  the  subject  of  naturalization  of  aliens  in 
the  Courts  of  Baltimore  City,  and  imposing  a  uniform  scale  of 
charges  to  be  collected  from  the  persons  applying  for  naturaliza- 
tion to  defray  the  expenses  incident  to  the  operation  of  said 
rules  and  regulations. 

P.  L.  L..    (1S8,S)   Art.  4,  sec.  173A.     1894,  ch.  392. 

322.  Wlienever  the  record  of  proceedings  in  any  suit,  action 
or  issue  pending  in  one  of  the  courts  of  common  law  in  the  City 
of  Baltimore  .shall  bo  directed  to  be  transmitted  for  trial  to  some 
other  such  court  of  the  said  city,  in  accordance  witli  Article  4, 
section  8,  of  the  Constitution,  it  .shall  be  the  duty  of  the  clerk  of 
the   court   from   whicli    tlic   said   record   of   proceedings   is   so 


228 

directed  to  be  removed,  to  immediately  deliver  to  the  clerk  of 
the  court  to  which  the  same  is  so  directed  to  be  removed,  all  the 
original  papers  in  the  said  cause,  together  with  a  certified  copy 
of  all  docket  entries  relating  to  the  same,  which  original  papers 
and  copy  of  docket  entries  shall  constitute  such  record  of  pro- 
ceedings for  the  purposes  of  such  trial ;  and  it  shall  thereupon 
become  the  duty  of  the  judge  of  the  court  to  which  the  said  suit, 
action  or  issue  shall  be  removed  immediately  by  special  order 
to  assign  the  same  for  trial  to  such  day,  or  in  sequence  to  such 
other  causes,  as  he  shall  consider  just  and  proper. 

Weiskittel  v.  State,  58  Md.  155.     De  Murgiondo  v.  Frazier,  63  Md,  94. 

CIRCUIT  COURT   OF  BALTIMORE   CITY. 

p.  G.  L.,    (1860)  Art.  29,  sec.  58.     P.  L.  L.,   (1888)  Art.  4,  sec.  174. 

323.  Whenever  in  any  case  instituted  in  the  Circuit  Court  a 
jury  is  asked  for  and  allowed,  or  is  desired  by  the  Judge  thereof, 
the  Judge  shall  issue  an  order  to  the  Sheriff  of  Baltimore  City, 
requiring  him  to  summon  twenty  jurors  to  attend  the  court, 
when  proceedings  shall  be  had  in  such  cases  as  is  usual  in  like 
cases  in  equity. 

As  to  jurisdiction  of  this  Court,  see,  Bartli  v.  Rosenfeld,  36  Md.  604, 
and  Orriclj  v.  Boelime,  49  Md.  72. 

Commissions  of  Trustees.  Rule  of  tlie  Circuit  Courts  of  Baltimore 
City  as  to  commissions  to  trustees  for  mailing  investments  of  trust 
funds  pending  litigation  and  general  management  of  trust  funds,  con- 
strued, in  re  Trust  Estate  Hiss,  Daily  Record,  March  IS,  1891. 

Costs  in  Equity.  The  stenographer's  per  diem  and  one  copy  of  testi- 
mony are  taxable  as  costs  in  equity  vmder  the  35th  equity  rule.  Beecher 
V.  Baltimore  Sterling  Silver  Co.,  Daily  Record,  January  11,  1896. 

Striking  out  Decrees.  The  striking  out  of  a  decree  before  enrollment 
is  subject  to  the  control  of  the  Court  during  the  term  at  which  a  decree 
is  passed ;  during  such  term  a  decree  is  subject  to  the  control  of  the 
Court  and  liable,  upon  proper  grounds  shown  by  petition,  to  be  altered 
or  reversed.  Whitelock  v.  Bank  of  Commerce,  Daily  Record,  May  15, 
1897. 

As  to  non-jury  trials  and  removals  of  cases  from  one  court  in  Balti- 
more City  to  another,  see,  Chappell  Chemical  etc.  Co.  v.  Sulphur  Co.,  85 
Md.  684. 

1874,  ch.  312.     P.  L.  L.,   (1888)  Art.  4,  sec.  175.     1888,  ch.  194. 

324.  The  Judge  of  the  Circuit  Court  is  not  required  to  file 
opinions  for  or  in  respect  of  any  final  decree  or  decretal  order, 
whenever  such  decree  or  order  shall  have  passed  upon  argu- 
ment, oral  or  in  writing,  on  the  part  of  any  of  the  parties  to  a 
cause.  This  section  shall  apply  also  to  the  Judge  of  the  Circuit 
Court  I^umber  Two  of  Baltimore  City. 


229 

CIKCUIT   COUET   I^UMBER   TWO   OF  BALTIMORE 

CITY. 

1888,  ch.  194.     P.  L.  L.,  (1888)  Art.  4,  sec.  176. 

325.  Another  court  is  established  in  and  for  the  City  of 
Baltimore,  to  be  styled  the  Circuit  Court  JSTumber  Two  of  Balti- 
more City.  The  powers  and  jurisdiction  of  said  court  shall  be 
concurrent  with  those  now  held  and  exercised  by  the  Circuit 
Court  of  Baltimore  City,  and  both  of  said  courts  shall  have  the 
same  terms  and  return  days ;  subject,  however,  to  such  rules 
and  regulations  for  a  proper  distribution  and  apportionment  of 
business  between  them  as  the  Supreme  Bench  of  Baltimore 
City  shall  from  time  to  time  prescribe. 

Ridgely  v.   Ridgely,  79  Md.  208. 

1888,  ch.  194.    P.  L.  L.,   (1888)  Art.  4,  sec.  177. 

326.  There  shall  be  elected  another  Judge  of  the  Supreme 

Bench  of  Baltimore  City,  by  the  legal  and  qualified  voters  of 

said  city  at  the  election  to  be  held  in  said  city  on  the  Tuesday 

next  after  the  first  Monday  of  ISTovember,  eighteen  hundred  and 

eighty-eight;  the  said  Judge,  when  elected,  to  be  subject  to  all 

the  provisions   of   the   Constitution   relating  to  the    Supreme 

Bench  in  Baltimore  City  and  the  several  judges  thereof. 

For  Legislative  authority  providing  for  the  election  of  additional 
judges  authorized  by  the  Constitution,  see,  Act  1894,  ch.  284  and  Act 
1896,  ch.  95.     And  see  also,  Act  1906,  ch.  234, 

1888,  ch.  194.    P.  L.  L.,  (1888)  Art.  4,  sec.  178. 

327.  There  shall  be  elected  at  the  same  election  by  the  legal 
and  qualified  voters  of  Baltimore  City,  a  clerk  for  said  Circuit 
Court  JSTumber  Two  of  Baltimore  City,  who  shall  be  subject  to 
all  the  provisions  of  the  Constitution  relating  to  the  Clerk  of  the 
Circuit  Court  of  Baltimore  City. 

327A.     Repealed  by  Act  of  1908,  ch.  460. 

CRIMIN"AL  COURT  OF  BALTIMORE. 

p.  L.  L.,   (1860)  Art.  4,  sec.  175.     P.  L.  L.,    (1888)  Art.  4,  sec.  179. 

328.  The  Criminal  Court  of  Baltimore  shall  hold  three 
regular  sessions  yearly,  to  commence  on  the  second  Monday  of 
January,  second  Monday  of  IMay,  and  second  l\r()iiday  of  Sep- 
tember; and  such  sessions  shall  continue  until  all  the  business 
before  it  shall  be  finished. 

In  relation  to  the  assignment  of  judges  of  the  Criminal  Court  to  sit 


230 

separately  with  a  separate  jury  for  the  trial  of  cases,  see  Jackson  v. 
State,  87  Md.  191. 

P.  L.  L.,   (18G0)  Art.  4,  sec.  176.     P.  L.  L.,   (1888)  Art.  4,  sec.  180. 

329.  At  special  sessions  of  said  court,  all  cases  may  be  tried 
and  disposed  of  as  at  the  regular  terms  thereof. 

P.  G.  L.,   (1860)  Art.  29,  sec.  59.     P.  L.  L.,    (1888)   Art.  4,  sec.  181. 

330.  The  Criminal  Court  of  Baltimore  shall  have  jurisdic- 
tion in  all  cases  of  felony,  and  other  crimes,  offenses  and  misde- 
meanors within  the  City  of  Baltimore. 

1864,  ch.  50.     p.  L.  L.,   (1888)  Art.  4,  sec.  182. 

331.  Any  person  convicted  in  the  Criminal  Court  of  Balti- 
more of  larceny  committed  in  Baltimore  City  to  an  amount 
under  five  dollars,  may  in  the  discretion  of  the  judge  of  the  said 
court,  be  sentenced  to  hard  labor  in  the  jail  of  Baltimore  City 
for  not  less  than  six  months  nor  more  than  two  years,  instead 
of  the  penitentiary. 

p.  G.  L.,    (I860)   Art.  29,  sec.  62.     P.  L.  L.,   (1860)   Art.  4,  sec.  177. 
p.  L.  L.,    (1888)   Art.  4,  sec.  183. 

332.  All  commitments  and  recognizances  for  all  felonies, 
crimes,  offenses  and  misdemeanors  committed  within  said  city, 
shall  be  returned  from  time  to  time  by  any  Justice  of  tiie  Peace 
taking  the  same  before  said  court,  and  shall  be  lodged  witli  the 
clerk  of  said  court  on  the  day  next  preceding  the  day  appointed 
for  holding  the  said  court. 

Commitments.  As  to  defective  commitments,  see,  in  re  Flanigan, 
Daily  Record,  December  19,  1904,  and  iu  re  Livingstone,  Daily  Record, 
December  30,  1889;  also,  Cornish  v.  Warden  City  Jail,  Daily  Record, 
December  20,  1892.  As  to  commitments  generally,  see  Adams  v.  Supt. 
Maryland  House  of  Refuge,  Daily  Record,  December  3,  1903. 

P.  L.  L.,   (1860)   Art.  4,  sec.  184.     P.  L.  L.,   (1888)   Art.  4,  sec.  189. 

333.  It  shall  be  the  duty  of  the  Sheriff  to  make  return  of 
each  capias  upon  presentment  or  indictment  from  said  court 
within  live  days  after  the  same  is  delivered  to  him  by  the  clerk ; 
and  if  said  capias  is  returned  non  est,  the  clerk  shall,  in  the  dis- 
cretion of  the  State's  Attorney  of  Baltimore  City,  order  said 
capias  to  be  re-issued,  and  the  same  capias  shall  again  be  deliv- 
ered to  the  Sheriff" ;  and  the  date  of  the  first  return  thereof  shall 
be  endorsed  thereon ;  and  the  second  return  shall  be  made  within 
the  time  above  specified ;  and  in  case  the  said  capias  is  returned 
the  second  time  non  est,  the  same  shall  be  again  so  endorsed  and 
delivered  to  the  Sheriff, 


231 

p.  L.  L.,   (1860)   Art.  4,  see.  185.     P.  L.  L.,   (1888)   Art.  4,  sec.  190. 

334.  The  clerk  of  said  court  and  the  Sheriff  of  said  city  shall 
be  allowed  only  the  fees  for  the  issue  of  one  capias,  or  for  tlie 
service  of  one  capias  in  each  term,  however  often  the  same  may 
be  issued  or  returned. 

P.  L.  L.,   (I860)   Art.  4,  sec.  186.     P.  L.  L.,   (1888)   Art.  4,  sec.  101. 

335.  All  subpoenas  for  witnesses  from  said  court  shall  Ije 
returned  by  the  Sheriff  within  six  days  after  the  same  are  issued 
by  the  clerk,  or  within  six  days  after  the  day  of  the  renewal  of 
such  subpoenas,  unless  the  same  are  ordered  to  be  returned  imme- 
diately, in  which  case  they  shall  be  so  returned,  if  practicable. 

P.  L.  L..   (1860)   Art.  4.  sec.  187.     P.  L.  L.,   (1888)   Art.  4.  sec.  192. 

336.  The  said  Sheriff  shall  be  allowed  for  the  service  of  one 
suhpwtuL  only,  against  any  witness  that  may  be  returned  nan  est, 
and  for  whom  the  said  subpoena  may  be  renewed,  whether  once 
or  oftener  in  one  term. 

P.  L.  L..   (I860)   Art.  4,  sec.  188.     P.  L.  L.,   (1888)   Art.  4,  sec.  193. 

337.  The  clerk  of  said  court,  if  a  subpoena  is  renewed  by 
order  of  the  State's  Attorney,  or  by  the  counsel  of  the  prisoner 
or  traverser,  shall  endorse  the  renewal,  on  the  subpa'na,  and  tlie 
same  shall  have  all  the  legal  effect  of  a  new  subpoena  issued  in 
the  term  of  said  court  during  which  said  subpoena  was  tirst 
issued. 

P.  L.  L.,   (1860)  Art.  4.  sec.  189.     P.  L.  L.,   (1888)   Art.  4,  sec.  194. 

338.  The  Sheriff"  of  said  city  shall  be  subject  to  a  penalty  of 
five  dollars  in  each  case  in  which  returns  are  not  made  witb.iii 
the  time  prescribed  in  this  sub-division  of  this  Article. 

1890,  ch.  250.     P.  L.  L.,    (1888)   Art.  4,  sec.  194A. 

339.  Witnesses  appearing  before  the  Grand  Jury  shall  be 
sworn  in  the  presence  of  the  Grand  Jury  by  the  foreman  or  by 
some  other  member  appointed  by  the  foreman  for  that  purpose. 

P.  G.  L.,   (1860)  Art.  29,  sec.  64.     P.  L.  L.,   (1888)   Art.  4,  sec.  196. 

340.  In  all  cases  of  misdemeanor  which  may  be  prosecuted 
in  said  court  at  the  instance  of  any  person,  if  the  party  so 
prosecuted  shall  be  acquitted,  all  the  legal  costs  and  expenses 
attending  the  prosecution  shall  be  paid  by  the  person  at  wliose 
instance  such  prosecution  was  commenced,  unless  the  couii; 
shall  certify  that  there  was  probable  cause  for  the  prosecution. 


232 

p.  G.  L.,   (1S60)  Art.  29,  sec.  65.     P.  L.  L.,   (1888)   Art.  4,  sec.  197. 

341.  The  same  process  may  be  issued  for  the  recovery  of  the 
costs  and  expenses  of  such  prosecution  against  the  person  who 
may  become  liable  therefor  under  the  last  preceding  section,  as 
could  be  issued  against  the  party  prosecuted,  if  he  had  been 
convicted. 

1886,  ch.  46.     p.  L.  L.,   (1888)   Art.  4,  sec.  198. 

342.  The  Mayor  and  City  Council  of  Baltimore  shall  not  be 
liable  in  any  criminal  cases  tried  in  the  Criminal  Court  of 
Baltimore  for  the  appearance  fees  allowed  by  law  to  the  attorney 
of  the  traverser. 

P.  G.  L.,   (ISGO)   Art.  29,  sec.  66.     P.  L.  L.,   (1888)   Art.  4,  sec.  199. 

343.  Whenever  the  Grand  Jury  shall  find  any  presentment 
against  any  person  for  misdemeanor  they  shall  endorse  on  the 
presentment  the  name  of  the  person  at  whose  instance  such  pre- 
sentment is  made,  who  shall  be  deemed  and  taken  to  be  the  per- 
son at  whose  instance  such  prosecution  was  commenced. 

P.  G.  L.,   (1860)  Art.  29,  sec.  67.     P.  L.  L.,   (1888)   Art.  4,  sec.  200. 

344.  If  any  security  in  any  recognizance  shall  request  to 
deliver  up  the  principal,  said  court,  or  the  judge  thereof  in  the 
recess,  may  accept  such  surrender,  and  may  require  and  take 
other  recognizance,  or  commit  the  principal  to  jail  until  he  gives 
such  security  as  the  law  requires. 

P.  G.  L.,   (1860)   Art.  29,  sec.  68.     P.  L.  L.,   (1888)   Art.  4,  sec.  201. 

345.  If  any  person  convicted  in  said  court  shall  have  a  child 
or  children  under  the  age  of  twenty-one  years,  and  shall  not  have 
property  sufficient  to  maintain  such  child  or  children,  the  said 
court  may  bind  such  child  or  children  to  any  trade  or  handi- 
craft ;  females  until  the  age  of  sixteen,  and  males  to  the  age  of 
twenty-one  years. 

P.  G.  L.,   (I860)   Art.  29,  sec.  69.     P.  L.  L.,   (1888)   Art.  4,  sec.  202. 

346.  If  any  person  who  shall  be  summoned  as  a  witness  to 
said  court  shall  fail  to  attend  as  required  in  said  summons,  he 
shall  be  fined  by  said  court  in  its  discretion,  not  exceeding  one 
hundred  and  fifty  dollars. 

P.  G.  L.,   (I860)  Art.  29,  sec.  70.     P.  L.  L.,   (1860)   Art.  4,  sec.  132. 
P.  L.  L.,   (1888)  Art.  4,  sec.  203. 

347.  In  all  criminal  cases  in  the  said  court  in  which  bail 


233 

shall  be  forfeited,  the  person  who  shall  have  entered  into  such 
recognizance  for  the  appearance  of  any  traverser  or  prisoner 
shall  be  liable  forthwith  to  an  attachment  for  contempt  for  the 
non-appearance  of  said  party,  which  attachment  shall  be  issued 
by  the  court  in  which  an  indictment  against  said  traverser  or 
prisoner  is  pending,  at  the  instance  of  the  attorney  prosecuting 
therein. 

P.  G.  L.,   (1860)  Art.  29,  sec.  71.     P.  L.  L.,   (1860)   Art.  4,  sec.  133. 
P.  L.  L.,   (1888)  Art.  4,  sec.  204. 

348.  In  all  cases  in  which  bail  as  aforesaid  is  forfeited,  the 
court  may,  on  the  return  of  said  attachment,  order  the  person 
attached  to  stand  committed  until  the  amount  of  said  recogni- 
zance is  fully  paid  and  satisfied,  or  may  order  said  person  to  be 
discharged  upon  the  payment  of  such  lesser  sum  as  it  shall,  in 
its  discretion,  deem  proper ;  provided,  such  sum  be  not  less  than 
the  amount  of  the  costs  which  may  have  accrued  in  the  case  up 
to  the  time  of  passing  such  order. 

See  note  page  207,  City  Code   (1879). 

1865,  eh.  187.     P.  L.  L.,  (1888)  Art.  4,  sec.  205. 

349.  In  all  criminal  cases  removed  from  the  Circuit  Court 

for  Baltimore  County  to  the  Criminal  Court  of  Baltimore  and 

tried,  the  Judge  of  the  Criminal  Court  may  allow  to  the  State's 

Attorney  for  Baltimore  City  in  addition  to  the  sum  now  allowed 

by  law,  a  compensation  not  exceeding  forty  dollars  in  any  one 

case,  to  be  paid  by  Baltimore  County  to  the  City  Register,  for 

the  benefit  of  the  State's  Attorney. 

As  to  costs  and  counsel  fees  In  removed  cases  see:  Mayor,  etc.  v.  Co. 
Commrs.,  Balto.  Co.,  19  Md.  554.  Co.  Commrs.,  How.  Co.  v.  Co.  Commrs., 
Fred.  Co.,  30  Md.  432.  M.  &  C.  C.  of  Balto.  v.  Co.  Commrs.,  How.  Co., 
61  Md.  326.    Cf.,  note  to  Wright  v.  Hanmer,  5  Md.  370. 

P.  G.  L.,    (1860)   Art.  29.  sec.  7.     P.  L.  L.,   (1888)   Art.  4,  sec.  206. 

350.  The  Criminal  Court  of  Baltimore  may  appoint  assist- 
ant counsel  for  the  State  to  aid  in  the  trial  of  criminal  or  other 
State  cases  in  said  court  whenever  in  the  judgment  of  the  court 
the  public  interest  requires  it. 

P.  G.  L.,    (1800)   Art.  29,  sec.  8.     P.  L.  L.,    (1888)   Art.  4,  sec.  207. 

351.  The  Mayor  and  City  Council  of  Baltimore  shall  levy 
and  pay  such  sum  as  in  their  judgment  will  be  an  adequate 
compensation  for  the  services  rendered  by  such  assistant  coun- 
sel; provided,  the  sum  levied  and  paid  in  any  single  case  shall 
not  exceed  one  hundred  dollars. 


234 
ORPHANS'  COURT. 

1865,  ch.  IW).     P.  I..  L.,    (1888)    Art.  4,  sec.  208.     1898,  ch.  256. 

1900,  ch.  182. 

352.  The  Judges  of  the  Orphans'  Court  of  Baltimore  City 
shall  receive  nine  dollars  for  every  day's  attendance  upon  the 
sessions  of  said  Court,  to  be  paid  by  the  City  of  Baltimore 
monthly,  and  the  sessions  of  said  Court  shall  continue  from  11 
A.  M.  until  3  P.  M.,  if  necessary  for  the  transaction  of  business 
of  the  Court. 

1868.  ch.  20.     P.  L.  L..    (18S8)    Art.  4,  sec.  209.     1900,  ch.  182. 

353.  The  Bailiff  of  said  Orphans'  Court  shall  receive  five 
dollars  a  day  for  each  day's  attendance  upon  said  Court. 

1912,  ch.  167. 
353A.  Every  executor  or  administrator  within  ninety  days 
after  the  grant  of  letters,  shall  pay,  out  of  the  lirst  moneys  re- 
ceived by  him,  after  the  first  cost  of  letters  of  administration, 
and  after  all  taxes  due  from  his  decedent  shall  have  been  paid 
or  determined,  the  funeral  expenses  of  his  decedent,  to  be 
allowed  in  the  discretion  of  the  Orphans'  Court  according  to  the 
condition  and  circumstances  of  the  deceased,  in  no  event  to 
exceed  $300.00,  and  the  same  shall  be  preferred  to  all  debts 
and  claims  against  the  deceased,  except  for  taxes  due  and  in 
arrear  from  the  decedent.  If  the  said  funeral  expenses  be  not 
paid  within  ninety  days  after  the  grant  of  letters  testamentary 
or  of  administration,  the  person  or  corporation  having  a  claim 
for  such  funeral  expenses  may  present  to  the  Orphans'  Court  a 
petition  verified  by  oath  praying  that  the  executor  or  adminis- 
trator may  be  cited  to  show  cause  why  he  should  not  be  required 
to  make  such  payment,  and  a  citation  shall  be  issued  accord- 
ingly. If  upon  the  return  of  said  citation  it  shall  appear  that 
the  executor  or  administrator  has  received  moneys  belonging  to 
the  estate,  which  are  applicable  to  the  payment  of  the  claims  for 
funeral  expenses,  the  Orphans'  Court  shall,  unless  the  validity 
of  the  claim  admitted  by  such  executor  or  administrator,  take 
proof  as  to  the  amount  and  validity  of  the  claim,  and  if  satisfied 
that  such  claim  is  valid,  shall  fix  and  determine  the  amount  due 
thereon,  and  sliall  make  an  order  directing  the  payment  within 
ten  days  after  the  date  of  such  order  and  service  of  a  copy 
thereof  upon  such  executor  or  administrator  of  such  claim  or 
such  proportion  thereof  as  the  money  in  the  hands  of  the 
executor  or  administrator  applicable  thereto  may  be  sufiicient  to 
satisfy.     If  it  shall  appear  that  no  money  has  come  into  the 


235 

hands  of  the  executor  or  administrator,  the  proceeding  shall  be 
dismissed  without  costs  in  the  discretion  of  the  Court  and  with- 
out prejudice  to  a  further  application  or  applications  showing 
that  since  such  dismissal  the  executor  or  administrator  has  re- 
ceived money  belonging  to  the  estate.  Such  application  shall  Ije 
made  upon  a  petition  verified  by  oath  stating  the  facts  iipon 
which  the  belief  of  the  petitioner,  that  there  are  moneys  in  the 
hands  of  such  executor  or  administrator  applicable  to  the  pay- 
ment of  his  claim,  is  based.  Upon  such  further  application  the 
issuance  of  the  citation  shall  be  in  the  discretion  of  the  Orphans' 
Court,  and  no  such  application  shall  be  made  less  than  three 
months  after  the  denial  of  any  previous  application.  If  upon 
any  accounting  it  shall  appear  that  an  executor  or  administra- 
tor has  failed  to  pay  a  claim  for  funeral  expenses,  the  amount  of 
which  has  been  fixed  and  determined  by  the  Orphans'  Court  as 
above  set  forth  or  upon  such  accounting  he  shall  not  be  allowed 
for  the  payment  of  any  debt  or  claim  against  the  decedent  until 
said  claim  for  funeral  expenses  has  been  discharged  in  full : 
and  upon  failure  of  any  executor  or  administrator  to  pay  any 
claim  for  funeral  expenses,  after  an  order  so  to  do,  he  may,  upon 
application,  be  removed. 

EEGISTEE  OF  WILLS. 

p.  L.  L.,   (1S60)   Art.  4.  sec.  824.     P.  L.  L.,   (1888)   Art.  4,  sec.  210. 

354.  The  Register  of  Wills  of  Baltimore  City,  upon  his 
election  or  appointment,  and  at  and  before  the  expiration  of 
every  two  years  thereafter,  shall  give  bond  to  the  State  of 
Maryland  in  the  sum  of  thirty  thousand  dollars,  conditioned  for 
the  faithful  performance  of  all  the  duties  now  or  which  may 
hereafter  be  required  of  him  by  law,  with  securities,  the  sufii- 
ciency  of  which  shall  be  certified  by  the  Judges  of  the  Orphans' 
Court  for  said  city,  the  same  to  be  approved  by  the  Comptroller 
of  the  State,  and  when  approved,  to  be  filed  in  his  office. 
As  to  commissions,  see,  Banlis  v.  State,  60  Md.  305. 

1908,  cli.  118. 

354A.  The  Register  of  Wills  of  Baltimore  City  shall  imme- 
diately after  the  enactment  of  this  bill  into  law  appoint  two 
general  appraisers,  to  appraise  the  goods,  chattels  and  personal 
estate  of  all  estates  under  administi-ation  in  the  Orphans'  Court 
of  Baltimore  City,  who  shall  serve  the  entire  term  of  the  present 
Regi.ster  of  Wills,  unless  their  places  shall  become  vacant  by 
removal  from  cause,  death,  resignation  or  otherwise ;  and  there- 
after when  any  other  Register  shall  be  elected  or  appointed,  he 


236 

shall  in  like  manner  appoint  four  appraisers  for  his  full  term  of 
office.  The  said  appraisers  shall  appraise  the  goods,  chattels  and 
personal  estates  of  all  decedents  under  administration  in  the 
Orphans'  Court  of  Baltimore  City ;  and  shall  in  each  case  make 
the  charges  therefor  now  allowed  by  law  and  certify  the  same  to 
the  Kegister  of  Wills;  they  shall  receive  an  annual  salary  of 
sixteen  hundred  dollars  each,  to  be  paid  by  said  Register  out  of 
the  fees  of  the  office  returned  by  said  appraisers.  The  said 
Register  shall  keep  an  accurate  account  of  all  moneys  received 
for  such  appraisements,  and  shall  account  for  and  pay  the  same 
except  the  amount  required  to  pay  the  salaries  of  said  ap- 
praisers into  the  State  Treasury,  as  he  is  now  required  by  law 
to  account  for  and  pay  other  moneys  for  which  he  is  account- 
able to  the  State. 

r.  L.  L.,   (I860)   Art.  4,  sec.  825.     P.  L.  L.,   (1888)   Art.  4,  sec.  211. 

355.  When  said  bond  is  inspected  by  the  judges  of  said 
court,  and  is  deemed  good  and  sufficient,  and  is  so  certified,  the 
same  shall  be  forthwith  entered  among  the  proceedings  of  said 
court,  and  sent  to  the  Comptroller  for  his  approval;  and  when 
said  bond  shall  be  approved  by  the  Comptroller,  he  shall  forth- 
with make  a  certificate  of  the  fact  of  such  approval,  and  send 
the  said  certificate  to  the  Judges  of  said  Orphans'  Court,  and 
the  same  shall  be  entered  among  the  proceedings  of  the  court. 

P.  L.  L.,   (18G0)   Art.  4,  sec.  826.     P.  L.  L.,   (1888)  Art.  4,  sec.  212. 

356.  A  refusal  or  neglect  on  the  part  of  said  Register  to  give 
bond,  to  be  approved  and  recorded  as  aforesaid,  within  the  time 
prescribed,  shall  be  deemed  a  disqualification  within  the  mean- 
ing of  the  Constitution,  and  thereupon  his  place  shall  be  filled 
according  to  the  provisions  of  the  25th  and  41st  sections  of  the 
4th  Article  of  the  Constitution,  and  subject  to  the  term  and 
service  therein  prescribed. 

CLERKS  OF  THE  LAW  COURTS  OF  BALTIMORE 

CITY. 

p.  G.  L.,    (1860)   Art.  18,  sees.  66,  71.     1867,  ch.  401.     P.  L.  L.,    (1888) 

Art.  4,  sec.  213. 

357.  The  Clerk  of  the  Superior  Court  of  Baltimore  City 
shall  give  bond  to  the  State  of  Maryland  in  the  sum  of  thirty 
thousand  dollars ;  the  Clerk  of  the  Court  of  Common  Pleas  in 
the  sum  of  fifty  thousand  dollars,  and  the  Clerk  of  the  Baltimore 
City  Court  in  the  sum  of  twenty  thousand  dollars,  each  of  said 
bonds  conditioned  for  the  faithful  performance  of  all  the  duties 


237 

now  required  of  each  of  said  clerks  by  law,  with  sufficient 
securities;  the  sufficiency  of  which  securities  shall  be  certified 
to  by  the  Judge  of  each  of  said  courts,  and  approved  by  the 
Comptroller  of  the  State  as  herein  directed. 

Vansant  v.  State,  96  Md.  110.    Amer.  Bondiug  Co.  v.  Mechanics  Bank, 
97  Md.  604. 

Bond  of  Clerk  of  Court  is  liable  for  salaries  of  his  deputies.     State 
use  of  Smith  v.  Turner,  101  Md.  584. 

Powers  of  Clerks  of  Law  Courts  of  Baltimore  City.  Sections  11  and 
15  of  Article  IV  of  the  Constitution  of  1851  confer  the  powers  of  the- 
Clerk  of  the  Baltimore  County  Court  on  the  Clerks  of  the  Court  of 
Common  Pleas  and  the  Superior  Court;  all  doubts  on  this  point  are 
removed  by  Acts  of  1886,  ch.  154  and  1884,  ch.  233.  B.  &  O.  R.  R.  Co. 
V.  Smith,  Daily  Record,  March  27,  1890. 

P.  G.  L.,   (1860)  Art.  IS,  sec.  67.     P.  L.  L.,   (1888)   Art.  4,  sec.  214. 

358.  When  the  sufficiency  of  the  securities  in  each  of  said 
bonds  is  certified  to  by  the  judges  of  the  several  courts,  the  bonds 
shall  be  immediately  recorded  among  the  proceedings  of  the 
court  to  which  the  said  clerk  belongs,  and  then  sent  to  the  Comp- 
troller for  his  approval ;  and  if  the  Comptroller  shall  approve 
said  bonds  and  securities  he  shall  certify  the  same  to  the  judges 
of  said  several  courts,  and  such  certificates  shall  be  recorded  in 
such  respective  courts. 

P.  G.  L.,   (1860)   Art.  IS,  sec.  68.     P.  L.  L.,   (1888)  Art.  4,  sec.  215. 

359.  Each  of  said  clerks  shall  every  second  year  renew  his 
said  bond  in  the  same  penalty,  and  with  securities  to  be  certified 
and  approved  as  hereinbefore  directed. 

P.  G.  L.,    (I860)   Art.  18,  sec.  69.     P.  L.  L.,   (1888)  Art.  4,  sec.  216. 

360.  If  any  one  of  the  clerks  of  said  courts  shall  fail  to  give 
bond  as  hereinbefore  directed,  within  thirty  days  after  he  has 
received  his  commission,  or  shall  fail  to  give  a  new  bond  within 
thirty  days  after  the  expiration  of  two  years  from  the  date  of 
the  bond  previously  given,  it  shall  be  regarded  as  a  misdemeanor 
in  office,  and  upon  conviction  thereof  he  shall  be  removed. 

Dowling  V.  Smith,  9  Md.  242. 
.S'ee  note  to  sec.  54,  Art.  XIV,  page  210,  Baltimore  City  Local  Code 
(1879). 

P.  G.  L.,   (1860)   Art.  18,  sec.  70.     P.  L.  L.,   (1888)   Art.  4,  sec.  217. 

361.  No  deputy  or  assistant  of  a  clerk  sliall  become  a  surety 
oil  liis  official  bond. 


238 

1864,  ch.  74.     1864,  ch.  385.     P.  L.  L.,   (1888)  Art.  4,  sec.  218. 

362.  The  Clerks  of  the  Superior  Court  of  Baltimore  City, 
of  the  Common  Pleas,  and  Baltimore  City  Court  are  each 
authorized  and  required  to  prepare  an  index  of  all  judgments 
rendered  in  the  courts  aforesaid;  and  they  shall  severally,  on 
each  day  after  the  adjournment  of  court,  enter  in  a  book  to  be 
provided  for  that  purpose,  an  index  of  each  judgment  rendered 
in  the  court  whereof  he  is  clerk ;  and  they  are  authorized  sever- 
ally to  charge  and  receive  ten  cents  for  each  judgment  indexed 
as  aforesaid ;  said  fee  to  be  taxed  in  the  bill  of  costs  of  each  case 
in  which  judgment  is  entered — to  be  collected  as  other  fees  are 
now  collected. 

P.  a.  L.,   (1860)   Art.  18,  sec.  73.     P.  L.  L..   (1888)   Art.  4,  sec.  218. 

363.  All  the  provisions  of  sections  61-66  inclusive  of  Article 
17  of  the  Code  of  Public  General  Laws,  title  ''Clerks  of  Courts," 
sub-title  ''Clerks  of  the  Circuit  Courts,"  relating'  to  the  obtain- 
ing of  blank  licenses,  granting  the  same  and  returning  an 
account  thereof  to  the  Comptroller  by  the  clerks  of  the  circuit 
courts  for  the  counties,  shall  apply  to  the  Clerk  of  the  Court  of 
Common  PleaSj  and  it  shall  be  his  duty  to  comply  with  such 
provisions. 

1800.  ch.  630.     P.  L.  L.,  (1888)  Art.  4,  sec.  218A.     1896,  ch.  435. 

364.  The  Clerk  of  the  Superior  Court  of  Baltimore  City  is 
authorized  and  empowered  to  have  fair  and  legible  copies  made 
of  such  land  record  books  in  his  custody  of  the  classes  and  de- 
scription hereinafter  named,  as  have  become  worn,  mutilated 
or  illegible,  that  is  to  say,  lifty-six  volumes  of  the  said  land 
record  books,  of  a  date  prior  to  the  year  eighteen  hundred ;  five 
volumes  of  the  series  of  land  record  books  known  as  ''W.  G." 
and  eight  volumes  of  the  said  land  record  books,  of  the  series 
kno\\Ti  as  "E.  D." 

1898,  ch.  146. 
364a.  It  shall  be  the  duty  of  the  Clerk  of  the  Superior  Court 
of  Baltimore  City,  as  soon  as  practicable  after  the  passage  of 
this  Act,  to  make  and  prepare  for  use  in  his  office  new  indexes 
of  all  land  records  and  conveyances  in  his  keeping  between  the 
years  1864  and  1886,  and  rearrange  them  in  accordance  with 
the  modern  system,  as  now  used  in  his  office  for  the  current 
work. 

1902,  ch.  189. 
3641).     The  Clerk  of  the  Superior  Court  of  Baltimore  City  is 


239 

hereby  authorized  to  prepare  a  set  of  indexes,  upon  the  block 
system,  or  general  index  plan,  now  in  use  in  his  office,  as  may 
appear  to  be  most  practicable,  for  the  land  records  covering  the 
period  between  the  years  1851  and  1888. 

1890,  ch.  630.     P.  L.  L.,   (1888)  Art.  4,  sec.  218B. 

365.  A  copy  made  in  pursuance  of  the  provisions  of  the  pre- 
ceding sections,  and  compared  and  certified  under  oath  by  the 
said  Clerk  of  the  Superior  Court  of  Baltimore  City,  to  be  a 
true  copy,  shall  have  the  same  force  and  effect  when  deposited 
among  the  said  land  records  of  said  city,  as  if  it  were  an  original 
record. 

1890,  ch.  630.     P.  L.  L.,    (1888)    Art.  4.  sec.  218C. 

366.  After  the  aforesaid  copies  shall  have  been  duly  made  as 
above  provided,  the  original  land  record  books  so  replaced  shall 
be  removed  to  some  place  of  safe  keeping  by  the  said  Clerk  of 
the  Superior  Court  of  Baltimore  City,  and  carefully  preserved, 
and  only  exliibited  or  allowed  to  be  inspected  upon  an  order  of 
court,  or  in  the  discretion  of  the  said  Clerk  of  the  Superior 
Court  of  Baltimore  City. 

CLERK  OF  THE  CRIMINAL  COURT  OF  BALTIMORE. 

p.  G.  L.,   (1860)   Art.  18,  sec.  74.     P.  L.  L.,   (1888)   Art.  4,  sec.  219. 

367.  The  Clerk  of  the  Criminal  Court  of  Baltimore  shall 
give  bond  to  the  State  of  Maryland  in  the  penalty  of  fourteen 
thousand  dollars,  with  sufficient  securitv,  to  be  approved  by  the 
Judge  of  said  court ;  and  conditioned  for  the  faithful  perform- 
ance of  all  the  duties  now  required,  or  which  may  hereafter  be 
required  of  him  by  law,  and  to  be  recorded  in  the  office  of  said 
clerk. 

P.  G.  L.,   (1860)  Art.  18,  sec.  75.     P.  L.  L.,    (1888)   Art.  4,  sec.  220. 

368.  The  said  clerk  shall  renew  said  bond  at  the  same  time 
and  under  the  same  penalty  as  are  prescribed  for  the  clerks  of 
the  Circuit  Courts. 

CLERK  OF  THE   CIRCUIT  COURT  OF  BALTIMORE 

CITY,  AND  OF  THE  CIRCUIT  COURT  NUMBER 

TWO  OF  BALTIMORE  CITY. 

P.  G.  L.,   (1860)   Art.  18,  sec.  76.     1888,  ch.  194.     P.  L.  L.,   (1888) 

Art.  4,  sec.  221. 

369.  IIk'  ("Icrk  of  the  Cir<-uit  Court  of  Baltimore  Citv,  aiid 


240 

of  the  Circuit  Court  Number  Two  of  Baltimore  City,  shall 
respectively  enter  into  bond  to  the  State  in  the  penalty  of 
twenty  thousand  dollars,  conditioned  for  the  faithful  discharge 
of  his  duties,  with  security  to  be  approved  by  the  Judge  of  said 
courts. 

SALAKIES  OF  CLERKS  OF  COURTS. 

1868,  ch.  54.     P.  L.  L.,   (1888)  Art.  4,  sec.  222. 

370.  Wlienever  the  fees  or  other  compensation  of  any  of  the 
clerks  of  the  courts  of  Baltimore  City  shall,  after  the  payment 
of  all  necessary  expenses,  fail  to  pay  such  officers  the  salary 
provided  for  by  the  Constitution,  and  any  of  said  clerks  ghall, 
imder  section  1st,  Article  15,  of  the  Constitution,  have  paid  to 
the  State  any  sum  of  money  as  excess,  after  retaining  his  salary, 
such  excess  is  appropriated  to  the  payment  of  the  salary  so  in 
arrear  until  each  of  said  clerks  shall  have  received  the  full 
amount  thereof;  and  it  shall  be  the  duty  of  the  Comptroller  of 
the  State  to  draw  a  warrant  upon  the  State  Treasurer  for  the 
payment  of  said  arrears  out  of  the  said  excess,  not  to  exceed  the 
whole  amount  so  in  arrears,  and  not  to  exceed  the  whole  amount 
of  said  excess  paid  into  the  treasury  of  the  State. 

1896,  ch.  438.     1912,  ch.  343. 

371.  The  Comptroller  of  the  State  of  Maryland  be  and  he  is 
hereby  directed  to  draw  a  warrant  upon  the  State  Treasurer 
for  the  payment  of  the  sum  of  twenty-five  hundred  dollars  per 
annum  in  each  and  every  year,  in  quarterly  installments  of  six 
hundred  and  twenty-five  dollars  at  the  end  of  each  and  every 
quarter,  for  the  compensation  of  the  trust  clerk  designated  by 
the  Supreme  Bench  of  Baltimore  City  in  the  offices  of  the 
Circuit  Court  of  Baltimore  City  and  Circuit  Court  'No.  2  of 
Baltimore  City,  for  the  supervision  of  the  trust  estates  in  said 
courts,  payment  of  said  salaries  to  be  made  out  of  any  money 
paid  by  the  clerks  of  the  several  courts  of  Baltimore  City  into 
the  State  Treasury,  and  on  the  certificate  of  some  one  of  the 
judges  of  the  Supreme  Bench  of  Baltimore  City  that  such  trust 
clerk  has  performed  his  duties  for  the  time  so  certified  by  said 
judge ;  the  clerk  of  the  Circuit  Court  of  Baltimore  and  of  the 
Circuit  Court  ISTo.  2  of  Baltimore  City  be  and  they  are  hereby 
authorized  and  directed  to  appoint  a  chief  clerk  for  each  of  their 
respective  Courts,  said  appointment  to  be  subject  to  confirma- 
tion by  the  Supreme  Bench  of  Baltimore  City ;  and  when  said 
appointments  have  been  so  made  and  confirmed  the  Comptroller 
of  the  State  of  Maryland  be  and  he  is  hereby  directed  to  draw 


241 

two  warrants  upon  the  State  Treasurer,  each  for  the  payment 
of  the  sum  of  two  thousand  five  hundred  dollars  per  annum  in 
each  and  every  year  in  quarterly  installments  of  six  hundred 
and  twenty-five  dollars  at  the  end  of  each  and  every  quarter,  for 
the  compensation  of  each  of  the  two  chief  clerks  so  appointed 
and  confirmed. 

CRIERS,  BAILIFFS,  WATCHMEN"  A:N'D  STENOGRA- 
PHERS. 

p.  L.  L.,  (1860)  Art.  4,  sec.  134.    1888,  ch.  194.    P.  L.  L.,  (1888) 

Art.  4,  sec.  223. 

372.  The  Clerks  of  the  Circuit  Court,  Circuit  Court  Num- 
ber Two,  the  Criminal  Court,  the  Court  of  Common  Pleas,  the 
City  Court  and  the  Superior  Court  of  Baltimore  City  shall  sever- 
ally, at  the  end  of  every  month,  certify  to  the  Mayor  and  Regis- 
ter of  the  city  the  amount  due  the  several  bailift's  and  criers  of 
their  respective  courts,  and  the  Mayor  and  Register  shall  pay 
them  accordingly. 

1864,  ch.  113.    P.  L.  L.,   (1888)  Art.  4,  sec.  224. 

373.  The  City  Register  shall  pay  to  the  crier  of  the  Superior 
Court  of  Baltimore  City,  the  crier  of  the  Baltimore  City  Court, 
and  the  crier  of  the  Court  of  Common  Pleas  of  Baltimore  City 
the  sum  of  fifteen  hundred  dollars  per  annum,  in  monthly  in- 
stallments of  one  hundred  and  twenty-five  dollars  at  the  end  of 
each  and  every  month,  as  and  for  their  respective  salaries,  on 
the  certificates  of  said  clerks  of  the  said  courts  that  said  criers 
have  performed  their  several  duties  as  criers  of  said  courts  for 
the  time  so  certified  by  said  clerks. 

1870,  ch.  94.     1888,  ch.  194.     P.  L.  L.,   (1888)  Art.  4,  sec.  225. 

374.  The  City  Register  shall  pay  to  the  bailiffs,  respectively, 
of  the  Superior  Court  of  Baltimore  City,  of  the  Court  of  Com- 
mon Pleas  of  Baltimore  City,  of  the  Baltimore  City  Court,  of 
the  Circuit  Court  of  Baltimore  City,  of  the  Circuit  Court 
Number  Two  of  Baltimore  Citv  and  of  the  Criminal  Court  of 
Baltimore  City  the  sum  of  fifteen  hundred  dollars  per  annum, 
as  and  for  their  respective  salaries,  at  the  same  time  and  in  the 
same  manner  as  is  provided  in  the  preceding  section  for  the 
payment  of  the  salaries  of  the  crier  of  the  Superior  Court,  the 
crier  of  the  Baltimore  City  Court  and  the  crier  of  the  Court  of 
Common  Pleas  of  Baltimore  City. 


242 

1872,  ch.  87.     1888,  ch.  194.     P.  L.  L.,    (1888)   Art.  4,  sec.  226. 

375.  The  Clerk  of  the  Circuit  Court  of  Baltimore  City  and 
the  Clerk  of  the  Circuit  Court  Number  Two  of  Baltimore  City 
are  respectively  authorized  and  empowered  to  appoint  a  night- 
watchman,  whose  duty  shall  be  to  strictly  and  vigilantly  guard 
throughout  the  year,  between  the  hours  of  six  P.  M.  and  seven 
A.  M.,  the  records  and  papers  deposited  in  their  respective 
offices,  and  who  shall  be  removed  in  the  discretion  of  the  said 
clerks,  respectively,  for  neglect  or  carelessness  in  the  discharge 
of  his  duties,  or  for  other  good  and  sufficient  cause. 

1872,  ch.  87.     1888,  ch.  194.     P.  L.  L.,    (1888)   Art.  4,  sec.  227. 

376.  The  City  Register  shall  pay  to  the  said  watchman  the 
sum  of  nine  hundred  dollars  per  annum,  as  and  for  their  re- 
spective salaries,  in  the  same  manner  as  is  provided  for  the  pay- 
ment of  the  salaries  of  the  bailiffs  of  the  Courts. 

1878,  ch.  479.     P.  L.  L.,   (1888)  Art.  4,  sec.  228. 

377.  The  Clerk  of  the  Court  of  Common  Pleas  in  Baltimore 
City  is  authorized  and  empowered  to  appoint  a  night  watchman, 
whose  duty  it  shall  be  to  strictly  and  vigilantly  guard,  through- 
out the  year,  the  records  and  papers  deposited  in  the  office  of 
the  Clerk  of  the  Court  of  Common  Pleas,  and  who  shall  be 
removed,  in  the  discretion  of  the  said  clerk,  for  neglect  or  care- 
lessness in  the  discharge  of  his  duties,  or  for  other  good  and 
sufficient  cause. 

1878,  ch.  479.     P.  L.  L.,   (1888)   Art.  4,  sec.  229. 

378.  The  City  Register  shall  pay  to  the  said  watchman  the 
sum  of  eighty-three  dollars  and  thirty-three  cents  per  month,  as 
and  for  his  salary,  in  the  same  manner  as  is  provided  for  the 
payment  of  the  salaries  of  the  bailiffs  of  the  courts. 

1867,  ch.  373.     1892.  ch.  122.     P.  L.  L.,   (1888)  Art.  4,  sec.  230. 

1908,  ch.  476. 

379-  The  judges  of  the  Supreme  Bench  of  Baltimore  City 
are  authorized  and  directed  to  appoint  from  time  to  time  as 
many  court  stenographers,  not  exceeding  in  number  altogether 
the  number  of  said  judges,  as  shall  in  their  discretion  be  re- 
quired for  the  services  of  the  several  courts  of  Baltimore  City, 
who  shall  be  sworn  officers  of  the  court,  and  shall  each  be  paid 
a  salary  of  eighteen  hundred  dollars  per  annum  when  such  sten- 
ographers shall  be  required  to  attend  the  courts  regularly,  or  ten 
dollars  per  diem  for  each  day  of  actual  employment  when  he 


t  <  I 


243 

sliall  be  appointed  to  attend  only  when  his  services  shall  be 
specially  required  by  the  judges ;  the  said  salaries  to  be  paid  in 
like  manner  as  the  salaries  of  the  other  officers  of  the  courts  are 
now  paid,  as  prescribed  in  section  372. 

1867,  ch.  373.     P.  L.  L.,   (1888)  Art.  4,  sec.  231.     1892,  ch.  122. 

380.  Each  of  the  stenographers  so  appointed  shall  be  skilled 
in  the  practice  of  his  art,  and  shall  hold  his  position  during  the 
pleasure  of  the  Supreme  Bench.  It  shall  be  his  duty,  under  the 
direction  of  the  judge  of  the  court  to  which  he  may  be  assigned 
for  the  time  being,  to  take  full  stenographic  notes  of  all  oral 
testimony  and  judicial  opinions  orally  delivered  in  every  judi- 
cial proceeding ;  and  it  shall  be  his  duty  to  furnish  to  any  party 
to  such  proceeding,  upon  request,  a  typewritten  copy  of  the 
notes  of  testimony  and  judicial  opinions  so  taken  by  him,  or  of 
such  part  thereof  as  may  be  required,  on  payment  by  such  party 
of  the  expenses  of  such  copy,  at  such  rates  as  shall  be  fixed  by 
rule  of  court  at  the  time.  Whenever  any  judge  shall  be  satisfied 
that  a  copy  of  all  or  any  part  of  the  stenographic  notes  of  testi- 
mony or  judicial  opinions,  taken  during  any  judicial  proceeding 
at  which  he  presided,  is  necessary  for  the  purpose  of  justice,  he 
shall  under  such  rules  as  shall  be  prescribed  by  the  Supreme 
Bench,  pass  an  order  that  the  expense  of  making  a  copy  of  such 
part  of  said  stenographic  notes  as  he  shall  specify  in  said  order 
shall  be  deemed  a  necessary  disbursement  of  the  proceeding,  and 
allowed  as  such  to  the  prevailing  party,  and  it  shall  be  so  taxed 
in  the  bill  of  cost,  but  shall  be  paid  in  the  first  instance  as  shall 
be  directed  in  said  order. 

1867,  ch.  373.     P.  I..  L..   (1888)   Art.  4,  sec.  232. 

381.  The  Judges  of  the  Orphans'  Court  of  the  City  of  Balti- 
more are  authorized  and  directed  to  appoint  a  stenographer  for 
that  court,  who  shall  be  a  sworn  oflicer  of  the  court,  but  shall  be 
required  to  attend  the  sessions  of  such  court  only  when  specially 
summoned  by  the  presiding  judge  thereof.  The  stenographer  so 
appointed  sliall  be  skilled  in  the  practice  of  his  art,  and  shall 
hold  his  position  so  long  as  he  efiicicntly  discharges  the  duties  of 
his  office.  In  any  proceeding  in  said  court  in  which  either  party 
shall  give  notice  that  in  the  event  of  a  decision  of  said  court 
adverse  to  the  claim  of  such  party,  an  appeal  will  be  taken  to 
the  Court  of  Appeals,  the  presiding  judge  of  the  court  shall 
require  the  attendance  of  the  stenographer,  whose  duty  it  shall 
be  in  .sucli  proceedings  to  take  full  stenographic  notes  of  all  oral 
proofs  anfl  jiuliciiil  opiiiions  orally  delivered  ;  and  in  case  ap])eal 


244 

shall  be  taken  from  the  decision  of  the  court,  such  notes  shall 
be  transcribed,  and  after  being  signed  by  the  witnesses,  depo- 
nents or  affiants,  shall  become  a  portion  of  the  record  of  the  case, 
to  be  transmitted  by  the  judges  of  the  court  to  the  Court  of 
Appeals.  By  consent  of  the  parties  to  the  proceedings  in  which 
such  proofs  shall  be  taken,  and  of  the  judges  of  said  court,  the 
signing  of  such  record  of  proof  by  the  witness,  deponent  or 
affiant,  may  be  waived ;  in  which  case  such  record,  after  being 
authenticated  by  the  certificate  of  said  stenographer,  or  of  the 
presiding  judge  of  the  court,  shall  be  deemed  to  be  the  record 
of  any  proofs  or  proceedings  so  taken.  The  stenographer  shall 
receive  as  compensation  for  his  services  the  sum  of  eight  dollars 
for  each  day  of  actual  attendance  at  the  court,  by  direction  of 
the  presiding  judge  thereof,  which  sum  the  presiding  judge 
shall  cause  to  be  paid  equally  by  the  respective  parties  to  the 
proceeding  in  which  the  notes  shall  be  taken,  and  shall  enforce 
payment  thereof ;  and  if  the  notes  so  taken  shall  be  transcribed, 
as  hereinbefore  provided,  the  expense  of  such  transcriptions,  at 
the  rate  of  ten  cents  for  each  one  hundred  words  so  transcribed, 
shall  be  taxed  in  the  bill  of  costs  of  the  proceeding  to  the  party 
appellant,  and  shall  thereafter  be  awarded  as  costs  by  the  Court 
of  Appeals,  in  accordance  with  the  provisions  of  the  Code  of 
Public  General  Laws. 

Cannon  v.  Crook,  32  Md.  483.     Denison  v.  Denison,  35  Md,  370. 

1867,  ch.  373.     P.  L.  L.,   (1888)  Art.  4,  sec.  233. 

382.  The  stenographer  in  each  of  the  courts  hereinbefore 
named  may  appoint  an  assistant  stenographer,  who  shall  also  be 
a  sworn  officer  of  the  court,  to  assist  him  in  the  discharge  of  his 
duties ;  provided  that  no  additional  compensation  shall  be  paid 
or  expense  incurred  by  reason  of  such  appointment. 

SHERIFF. 

383.  Repealed  by  Act  of  1912,  ch.  202. 

1861,  ch.  55.     P.  L.  L.,   (1888)  Art.  4,  sec.  235. 

384.  Any  officer  may  send  out  his  fees  on  execution  at  any 
time  during  the  year. 

1861,  ch.  53.     p.  L.  L.,   (1888)  Art.  4,  sec.  236. 

385.  The  Sheriff  shall  collect  the  fees  due  to  the  following 
officers,  which  may  be  placed  in  his  hands  for  collection,  namely : 
attorneys,  clerks  of  all  the  courts,  commissioner  of  the  land 
office,  coroners,  criers,  registers  of  wills,  surveyors  and  sheriffs. 


245 

1861,  ch.  53.     P.  L.  L.,   (ISSS)  Art.  4,  sec.  237. 

386.  The  Sheriff  may  distrain  or  execute  the  goods  and 
chattels  of  any  person  against  whom  any  fees  are  phiced  in  his 
hands  for  collection;  provided,  he  has  sixty  days  previously  de- 
livered to  such  person,  or  left  at  his  place  of  abode,  an  account 
of  such  fees. 

WITNESSES,  DOCKET  ENTRIES,  RECORDS. 

187S,  ch.  28.     P.  L.  L.,   (1888)  Art.  4,  sec.  288.     1898,  ch.  123. 

1900,  ch.  279. 

387.  Witnesses  attending  any  of  the  Courts  of  Baltimore 
City,  except  the  Criminal  Court  of  Baltimore,  shall  be  entitled 
to  fifty  cents  a  day,  and  in  the  Criminal  Court  shall  not  be 
entitled  to  said  allowance,  except  by  the  express  order  of  the 
Court,  and  only  in  such  cases  as  the  Court  in  its  discretion  may 
deem  proper.  But  any  of  the  Courts  of  Baltimore  City  may,  in 
its  discretion,  allow  itinerant  charges  to  out-of-town  witnesses. 

1884,  ch.  23.     P.  L.  L.,   (1888)  Art.  4,  sec.  239. 

388.  In  any  suit  now  pending,  or  hereafter  to  depend,  in  any 
court  in  the  City  of  Baltimore,  wherein  a  transcript  of  the 
record  of  any  cause  in  any  other  court  in  the  City  of  Baltimore 
might  be  offered  in  evidence,  it  shall  be  sufficient  to  produce  the 
docket  entries  and  original  papers  and  proceedings  in  said  last- 
mentioned  cause,  or  the  record  book  in  which  the  same  have  been 
recorded,  and  if  required  by  law  to  be  recorded,  and  actually 
recorded,  and  offer  the  same  in  evidence ;  and  the  same,  when  so 
produced  and  offered  in  evidence,  shall  have  the  same  effect,  to 
all  intents  and  purposes,  as  a  transcript  of  the  record  thereof, 
under  the  seal  of  the  court  wherein  the  same  are ;  and  such  pro- 
duction may  be  had  by  any  party  to  a  suit  upon  a  suhpwna  duces 
tecum  issued  to  the  clerk  of  the  court  wherein  such  docket 
entries,  original  papers  and  proceedings  may  be. 

Kilbourn  v.  Goldsmith,  46  Md.  289. 

COSTS. 

1882,  ch.  354.     P.  L.  L.,    (1860)   Art.  4,  sec.  1591/2- 
P.  L.  L.,    (1888)    Art.  4,  sec.  240. 

389.  In  all  actions  at  law  for  wrongs,  independent  of  con- 
tracts, in  any  of  the  courts  of  Baltimore  City,  where  the  verdict 
or  iixjuisition  of  damages  after  default  made  shall  be  for  a  sum 
less  than  fifty  dollars,  the  costs  shall  be  adjudged  to  the  de- 
fpiirlaiit,  unlf'Ks  the  Court  shal]   otherwise  determine;  but  the 


246 

Court,  before  allowing  costs  to  the  plaintiff  in  such  case,  shall 
be  satisfied  that  he  had  good  reason  for  not  bringing  suit  before 
a  Justice  of  the  Peace;  and  in  all  cases  of  appeals  whatsoever 
from  judgments  of  Justices  of  the  Peace  in  Baltimore  City, 
costs  shall  be  allowed  to  plaintiff  or  defendant,  in  the  discretion 
of  the  Court;  provided,  that  in  all  cases  involving  the  title  to 
real  estate,  wherein  the  verdict  or  judgment  is  for  the  plaintiff", 
he  shall  be  allowed  his  costs. 

Repp  V.  Berger,  60  Md.  1. 

Costs.  As  to  allowance  for  costs  of  depositions  rendered  unnecessary 
by  the  appearance  of  party  at  trial,  see, 

Dorsey  v.   Heinzerling,   Daily  Record,   October  18,   1897. 

A  rule  sevuHty  for  costs  will  not  be  laid  against  a  non-resident  legal 
defendant  when  there  is  a  resident  equitable  defendant  liable  for  such 
costs  under  the  statute. 

Kellog  V.  Bokee,  Daily  Record,  December  7,  1898. 

As  to  attachment  for  costs,  see,  Matthews  v.  Davidson,  Daily  Record, 
June  17,  1891. 

390.  Kepealed  by  Act  1902,  eh.  496. 

391.  Repealed  by  Act  1902,  ch.  496. 

392.  Repealed  by  Act  1902,  ch.  496. 

393.  Repealed  by  Act  1902,  ch.  496. 

394.  Repealed  by  Act  1902,  ch.  496. 

DEAF,  DUMB  AND  BLIND. 

p.  G.  L.,   (1860)  Art.  33,  sec.  1.     P.  L.  L.,   (1888)  Art.  4,  sec.  246. 

395.  It  shall  be  the  duty  of  the  Mayor  and  City  Council  of 
Baltimore,  on  the  application  of  any  parent,  guardian  or  next 
friend  (provided  such  parent,  guardian  or  next  friend  has  been 
a  bona  ffde  citizen  of  this  State  for  at  least  two  years  previous 
to  such  application)  of  any  deaf  and  dumb  person  of  teachable 
age  and  capacity,  not  exceeding  the  age  of  twenty-one  years,  to 
inquire  into  the  age  and  capacity  of  said  deaf  and  dumb  person, 
and  also  into  the  ability  of  such  person,  his  or  her  parent  or 
guardian,  to  pay  the  expense  of  his  or  her  education:  and  if 
satisfied  by  evidence  produced  that  such  person  is  of  teachable 
age,  and  is  endowed  with  capacity  to  receive  instruction,  and 
that  neither  person,  or  his  or  her  parents  or  guardian  is  pos- 
sessed of  means  to  pay  for  such  instruction,  then  it  shall  be  the 
further  duty  of  the  Mayor  and  City  Council  of  Baltimore  afore- 
said to  certify  the  same  to  the  Governor  of  this  State. 


247 

P.  G.  L.,  (1S60)  Art.  33,  sec.  2.     1865,  ch.  68.    1870,  ch.  478. 
P.  L.  L.,    (1888)   Art.  4,  sec.  247. 

396.  On  receiving  the  certificate  of  the  Mayor  and  City 
Council  of  Baltimore  as  aforesaid,  it  shall  be  the  duty  of  the 
Governor  to  authorize  the  instruction  of  said  deaf  and  duml) 
person  in  the  Maryland  Institute  for  the  Education  of  the  Deaf 
and  Dumb,  located  at  Frederick,  for  a  term  not  exceeding  seven 
years ;  and  it  shall  be  the  further  duty  of  the  Governor,  on  the 
certificate  of  the  President  of  said  institution  that  such  deaf 
and  dumb  person  has  been  taught  at  said  institution,  to  order 
the  Comptroller  of  the  Treasury  to  draw  his  warrant  on  the 
Treasurer  of  the  State  for  two  hundred  dollars  per  annum  for 
each  deaf  and  dumb  person  taught  in  pursuance  of  his  authority 
at  said  institution,  payable  to  the  president  thereof,  in  quarterly 
payments,  on  the  first  days  of  January,  April,  July  and  October 
in  each  year ;  and  the  Governor  shall  also  order  the  Comptroller 
of  the  Treasury  to  draw  on  the  State  Treasurer  his  warrant, 
payable  to  the  proper  party,  for  the  expenses  necessarily  in- 
curred in  transporting  and  returning  said  deaf  and  dumb  per- 
son ;  provided,  that  the  whole  amount  drawn  from  the  treasury 
for  the  purposes  aforesaid  shall  not  exceed  seven  thousand  five 
hundred  dollars  in  any  one  year ;  provided,  further  that  the 
Governor  shall  dispose  of  applications  in  behalf  of  deaf  and 
dumb  persons,  under  the  provisons  of  this  sub-division  of  this 
Article,  in  the  order  in  which  they  may  be  made ;  and  if  the 
applications  be  more  than  sufiicient  to  absorb  the  aforegoing 
appropriation,  he  shall  suspend  the  action  upon  the  excess  until 
vacancies  occur,  or  further  provision  be  made  by  the  General 
Assembly. 

P.  Cr.  L..   (I860)  Art.  33,  sec.  3.     1808,  ch.  205.     1886,  ch.  278. 
P.  L.  L.,    (1888)   Art.  4,  sec.  248. 

397.  A  sum  not  exceeding  twenty-one  thousand  dollars  shall 
be  and  is  hereby  annually  appropriated,  to  be  applied,  under 
the  direction  of  the  Governor,  in  placing  for  instruction  in  tlie 
Maryland  Institute  for  the  Instruction  of  the  Blind,  such  indi- 
gent blind  persons  of  the  age  of  nine  years  and  upwards,  in- 
hal)itants  of  this  State  and  the  county  or  city  from  whicli  they 
are  recommended,  to  the  Governor  by  the  county  connnissioners 
of  each  county,  or  the  judges  of  the  Orphans'  Court  of  Balti- 
more City'. 

I'.  <;.  L.,  (I860)  Art.  33,  sec.  4.     P.  L.  L.,   (1888)  Art.  4,  see.  249. 

398.  Tho  recommendation  shall  state  that  such  blind  persons 


248 

are  in  such  indigent  circumstances  as  to  be  unable  from  their 
own  resources,  or  those  of  their  parents,  to  obtain  instruction, 
and  are  of  good  natural  capacity. 

1865,  cli.  75.     1886,  ch.  278.     P.  L.  L.,    (1888)   Art.  4,  sec.  250. 

399.  The  amount  per  annum  paid  for  any  one  individual 
shall  not  exceed  the  sum  of  three  hundred  dollars,  nor  the  term 
of  instruction  eight  years. 

p.  G.  L.,  (1860)  Art.  33,  sec.  6.    P.  L.  L.  (1888)  Art.  4,  sec.  251. 

400.  The  Governor  shall  report  to  the  General  Assembly  at 
each  regular  session  thereof  the  amount  of  money  expended  by 
him  in  pursuance  of  the  provisions  of  this  sub-division  of  this 
Article  and  the  names,  ages  and  places  of  residence  of  the  dif- 
ferent applicants. 

1912,  ch.  71. 

400a.  That  the  Mayor  and  City  Council  of  Baltimore  be  and 
it  is  hereby  authorized  and  empowered  to  appropriate  for  the 
Maryland  Workshop  for  the  Blind  a  sum  not  exceeding  five 
thousand  dollars  ($5,000.00)  annually,  to  aid  in  the  mainte- 
nance of  the  work  of  that  institution. 

DESTROYING  PROPERTY  MALICIOUSLY. 

p.  L.  L.,   (1888)  Art.  4,  sec.  251  A.     1896.  ch.  270. 

401.  If  any  person  shall  maliciously  cut,  disfigure,  mutilate, 
damage,  destroy  or  otherwise  injure  any  goods,  wares,  materials 
or  merchandise  intended  to  be  manufactured,  made  up  or  con- 
verted into  garments,  wearing  apparel  or  other  articles  of  mer- 
chandise, and  belonging  to  any  other  person,  or  shall  maliciously 
cut,  disfigure  or  otherwise  injure  any  garments,  wearing  apparel 
or  other  articles  of  merchandise  belonging  to  any  other  person, 
or  shall  cause  the  same  to  be  done,  or  shall  by  any  means  cause 
or  incite  any  person  to  do  the  same,  upon  conviction  thereof, 
before  any  tribunal  of  competent  jurisdiction,  he  shall  be  fined 
not  more  than  fifty  dollars,  or  to  be  sentenced  to  imprisonment 
in  the  House  of  Correction  for  not  more  than  six  months,  or  both 
fined  and  imprisoned  in  the  discretion  of  the  court. 

402-425.  Sections  402  to  425  both  inclusive,  repealed  by 
Act  1902,  ch.  296. 

This  act  (1902,  ch.  296)  repeals  the  Local  Law  upon  the  subject  of 
Elections,  and  by  supplementing  Art.  33  of  the  Public  General  Laws 
provides  for  elections  in  Baltimore  City. 


249 
EXAMINING  ENGINEERS. 

1892,  cli.  448.     P.  L.  L.,    (1888)   Art.  4,  sec.  297 A. 

426.  The  Governor  shall  bieuuially  appoint,  in  and  for  the 
City  of  Baltimore,  two  engineers  who  have  had  not  less  than  ten 
years  practical  experience  in  running  steam  engines,  boilers  and 
appliances  pertaining  to  stationary  or  portable  engines,  and 
who  have  been  residents  of  this  State  for  not  less  than  five  years 
next  preceding  the  date  of  their  appointment,  who  shall  consti- 
tute and  be  known  as  the  ''Board  of  Examining  Engineers." 
The  parties  so  appointed,  before  entering  on  their  duties,  shall 
make  oath  before  a, Justice  of  the  Peace  that  they  will  faith- 
fully perform  the  duties  of  their  office  without  fear,  partiality 
or  favor;  and  that  they  will  not,  during  their  term  of  office, 
accept  any  money,  gift,  gratuity  or  consideration  from  any  per- 
son, and  shall  give  bond  to  be  approved  by  the  Comptroller  of 
the  State,  in  the  sum  of  three  thousand  dollars  each,  for  the 
faithful  discharge  of  their  duties;  and  before  entering  on  said 
discharge  of  their  said  duties,  the  said  inspectors  shall  provide 
themselves  with  an  office  in  a  proper  location  in  the  City  of 
Baltimore,  and  shall  give  notice  by  publication  for  at  least  five 
days  through  the  two  daily  papers  having  the  largest  circulation 
in  said  city,  of  the  time  and  manner  in  which  they  will  make  the 
examinations  hereinafter  provided  for. 

1892,  ch.  448.     P.  L.  L.,  (1888)  Art.  4,  sec.  297B.     1910,  ch.  662. 

427.  The  said  board  shall  have  general  supervision  of  all 
stationary  engineers  within  the  State  of  Maryland,  except  as 
hereinafter  provided ;  it  shall  be  their  duty  to  examine  all  engi- 
neers of  the  age  of  twenty-one  years  or  upwards,  who  shall  apply 
to  them  for  examination,  and  to  give  all  parties  so  examined  a 
certificate  of  proficiency  if  found  proficient,  and  to  refuse  to 
give  such  certificate  if  not  found  proficient,  and  the  parties  so 
receiving  such  certificate  shall  pay  to  the  said  board  the  sum  of 
three  dollars  ($3)  for  each  certificate  so  issued  and  from  all 
renewals  of  all  grades  the  sum  of  one  dollar  and  fifty  cents 
($1.50)  ;  said  certificate  shall  be  of  four  grades;  a  certificate  of 
the  first  grade  will  permit  the  holder  thereof  to  take  charge  of 
any  plant  of  machinery ;  the  second  grade  to  take  charge  of  any 
plant  of  machinery  from  one  to  five  hundred  horse-power,  and 
the  third  grade  to  take  charge  of  any  plant  of  machinery  from 
one  to  thirty  horse-power,  and  the  fourth  grade  to  take  chai'ge 
of  any  hoisting  or  portable  plant  of  machinery;  and  the  said 
certificate  shall  run  for  the  term  of  one  year,  and  shall  be  re- 
newed annually,  the  term  of  beginning  of  said  certificate  to  be 


250 

from  the  date  of  the  examination  of  the  respective  applicant ; 
provided,  that  no  engineer  having  such  certificate  shall  have 
charge  of  more  than  one  plant  of  machinery  at  the  same  time 
unless  said  plant  be  of  the  same  company  and  at  one  and  the 
same  place ;  and  no  substitute  who  has  not  been  examined  and 
received  a  certificate,  aforesaid,  shall  be  placed  in  charge  of 
machinery  by  any  engineer  who  has. 

1892,  ch.  448.  P.  L.  L.,  (1888)  Art.  4,  sec.  297C. 
428.  All  persons  of  twenty-one  years  of  age  or  upward  who, 
after  the  adoption  of  this  Article,  shall  desire  to  fill  a  position 
as  a  stationary  engineer,  must  make  application  to  the  "Board 
of  Examining  Engineers"  for  examination  and  certificate  of 
proficiency,  before  he  can  pursue  his  avocation  as  such  engineer ; 
provided,  that  any  engineer  employed  as  stationary  engineer  at 
the  works  of  any  steam  railway,  or  any  engineer  employed  as 
such  with  any  stationary  engine,  who  at  the  time  of  the  adop- 
tion of  this  Article  shall  have  been  employed  at  the  same  place 
for  the  term  of  six  months  or  more,  shall  not  be  required  to 
apply  for  such  examination  and  certificate ;  but  whenever  such 
engineers  shall  remove  from  the  place  where  so  employed  they 
shall  be,  and  are  hereby  required  to  make  application  for  exami- 
nation and  certificate  to  said  Board  of  Examining  Engineers  as 
hereinbefore  provided ;  and  provided  further,  that  the  provisions 
of  this  section  shall  not  apply  to  persons  running  engines  and 
boilers  in  sparsely  settled  country  places,  where  not  more  than 
twenty  persons  are  engaged  in  work  about  such  engines  and 
boilers,  nor  to  engineers  running  country  saw  and  grist  mills, 
threshing  machines  and  other  machinery  of  a  similar  character, 
nor  to  marine  engineers  engaged  in  steamboats,  ships  and  other 
vessels  run  by  steam,  nor  to  those  engaged  as  locomotive  engi- 
neers of  any  steam  railway  company.  And  in  the  event  of  any 
charge  being  made  to  said  board,  of  any  engineer  who  may  hold 
a  certificate  from  them,  of  being  intoxicated,  while  in  charge 
of  an  engine  or  boiler,  or  of  the  neglect  of  duty  on  the  part  of 
such  engineer  or  engineers,  it  shall  be  the  duty  of  said  board  to 
immediately  hear  such  charge,  and  if  sustained,  annul  such  cer- 
tificate. The  certificate  granted  to  the  respective  applicants 
must  be  framed  and  kept  in  a  conspicuous  place  at  such  place  as 
such  persons  may  be  respectively  at  work.  Any  person  violating 
the  provisions  of  this  sub-division  of  this  Article  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  trial  and  conviction  before 
a  Justice  of  the  Peace,  shall  be  fined  not  less  than  twenty-five 
dollars  nor  more  than  fifty  dollars,  one-half  of  which  shall  be 
paid  the  informer  and  the  balance  to  the  State. 


251 

1892,  eh.  448.     P.  L.  L..    (1SS8)    Art.  4,  sec.  297D. 

429.  Said  Board  of  Examining  Engineers  shall  meet  at 
their  office  in  the  City  of  Baltimore  for  the  pnrpose  of  examin- 
ing applicants  at  least  once  in  every  week,  and  at  a  specified 
hour  and  day,  and  shall  sit  until  all  applicants  shall  be  examined, 
and  in  the  event  of  inability  to  examine  all  the  applicants  on 
the  regular  day  of  meeting,  they  shall  continue  their  sessions 
for  each  successive  day  until  the  same  shall  be  completed.  They 
shall  visit  and  inspect  the  running  and  management  of  all 
steam  plants  wherein  the  engineers  are  required  to  be  examined 
as  hereinbefore  provided,  not  less  than  once  every  six  months, 
and  in  the  event  of  their  finding  on  such  examination  that  the 
engineer  or  engineers  in  charge  of  such  plant  or  machinery  are 
not  running  and  managing  the  same  with  proper  skill  and  care, 
they  shall  report  the  same  to  the  State  Board  of  Boiler  Inspec- 
tors for  their  action ;  and  said  Board  of  Examining  Engineers 
are  hereby  invested  with  power  and  authority  to  enter  all  such 
premises  and  make  the  examination  herein  provided  for;  and 
any  owner  of  any  such  premises  who  shall  refuse  to  allow  them 
to  enter  and  make  such  examination  shall  be  deemed  guilty  of  a 
misdemeanor  and  be  punishable  upon  trial  and  conviction,  as 
provided  in  the  preceding  section. 

1892,  ch.  448.     P.  L.  L.,    (1SS8)   Art.  4,  sec.  297E. 

430.  The  said  Board  of  Examining  Engineers  shall  receive 
an  annual  salary  of  fifteen  hundred  dollars  each,  and  shall  have 
power  to  employ  a  clerk  or  secretary  at  a  salary  not  exceeding 
the  sum  of  one  thousand  dollars  per  annum,  and  such  expense 
shall  be  allowed  said  board  as  shall  be  incurred  in  traveling- 
expense,  office  rent,  stationery  and  printing,  and  for  which  they 
shall  produce  to  the  Comptroller  of  the  State  Treasury,  proper 
vouchers ;  provided,  however,  that  no  appropriation  shall  be 
made  and  no  moneys  paid  by  the  State  Treasurer  to  said  board 
for  or  on  account  of  said  salaries  and  expenses,  but  that  the 
same  shall  be  paid  to  them  by  and  from  the  fees  received  for  the 
examination  and  certificates  hereinbefore  provided  for;  and 
provided  further,  that  the  said  board  shall  keep  a  strict  account 
of  all  fees  received  for  such  purposes,  and  quarterly,  under  oath 
or  affirmation,  return  such  statement  to  the  Comptroller  of  the 
State  I'reasurv;  and  whenever  the  amount  is  in  excess  of  the 
salaries  and  expenses  hereinbefore  provided  foi"  they  shall  for- 
ward such  excess  to  said  Comptroller,  and  they  shall  keep  a 
certificate  book  with  the  certificates  therein  duly  iinml)ered  and 
of  which  to  each  certificate  there  is  a  corresponding  stub  to  be 


252 

filled  in  to  correspond  in  all  respects  to  the  certificate  issued,  and 
subject  to  the  inspection  of  the  Comptroller,  when  he  may  deem 
the  same  necessary. 

FEKRIES. 

1868,  ch.l87.     P.  L.  L.,  (1888)  Art.  4,  sec.  298. 

43i.  The  Broadway  and  Locust  Point  Steam  Ferry  Com- 
pany of  Maryland  is  created  to  establish  a  steam  ferry,  suitable 
to  transport  passengers,  aoods,  wagons,  carriages,  live-stock  or 
any  other  transportable  article,  across,  over  and  within  the 
harbor  of  Baltimore ;  and  the  said  corporation  is  made  capable 
of  erecting  wharves,  buildings,  or  any  other  contrivances  neces- 
sary or  convenient  for  the  conduct  of  the  business  of  the  ferry, 
for  which  purpose  the  said  corporation  is  authorized  to  pur- 
chase, hold,  sell,  rent  or  lease  land.  And  the  said  company  is 
authorized  and  empowered  to  hold  and  use  as  a  wharf  or  land- 
ing, for  the  use  of  said  ferry,  the  end  of  the  wharf  commonly 
known  as  the  County  wharf,  together  with  a  right  of  way  in 
common  with  others,  through  the  centre  of  said  wharf,  of  the 
width  of  ten  feet,  as  a  thoroughfare  for  travel  to  and  from  the 
end  of  said  wharf;  and  all  the  remainder  of  the  border  sides 
and  surface  of  the  said  wharf,  except  the  end  and  right  of  way 
granted,  is  reserved  exclusively  for  the  landing  of  such  fruits, 
vegetables  and  other  agricultural  products  as  may  be  brought 
from  the  counties  to  the  City  of  Baltimore,  for  sale  or  otherwise. 
Broadway  and  Locust  Point  Ferry  Co.  v.  Hankey,  31  Md.  346. 

1870,  ch.  436.    P.  L.  L.,   (1860)  Art.  4,  sec.  299. 

432.  The  said  corporation  is  authorized  and  empowered  to 
occupy  and  use  the  wharf  at  the  foot  of  Haubert  Street,  in  the 
City  of  Baltimore,  as  a  wharf  or  landing  place  for  the  ferry 
boats  of  said  company,  in  exclusion  of  all  other  steam  ferry 
boats  plying  in  the  harbor  of  said  city. 

1870,  eh.  436.     P.  L.  L.,   (1888)  Art.  4,  sec.  300. 

433.  It  shall  not  be  lawful  for  any  steam  ferry  boat,  other 
than  one  of  those  belonging  to  the  said  Broadway  and  Locust 
Point  Steam  Perry  Company  of  Maryland,  to  land  at  or  use 
either  of  the  sides  or  the  end  of  said  wharf  at  the  foot  of  Hau- 
bert street,  nor  the  end  or  either  of  the  sides  of  the  wharf  at  the 
foot  of  Broadway,  mentioned  in  section  431  of  this  Article ;  and 
any  and  every  person  in  charge,  control  or  command  of  any 
steam  ferry  company,  other  than  a  boat  belonging  to  the  said 
company,  who  shall  use  or  attempt  to  use  the  ends  or  either  of 


253 

the  sides  or  any  part  of  the  wharves  mentioned,  for  a  landing 
place  or  wharf  for  the  steam  ferry  boat  so  in  his  charge,  control 
or  command,  shall  each  he  subject  to,  and  shall  pay  a  line  of 
twenty-five  dollars  for  each  and  every  time  the  said  steam  ferry 
boat  so  in  his  charge,  control  or  command  of  such  person  shall 
touch  at  either  of  the  wharves  aforesaid,  which  fines  shall  be 
enforceable  and  collectible  according  to  law. 

Broadway,  etc.  Co.  v.  Hankey,  31  Md.  346. 

1870,  ch.  436.    P.  L.  L.,  (1888)  Art.  4,  sec.  301. 

434.  The  said  company  is  authorized  to  erect  gates  and 
ticket  houses  on  the  wharves  at  the  foot  of  Broadway  and 
Haubert  street  in  said  City  of  Baltimore. 

1868,  ch.  187.     1870,  ch.  436.     P.  L.  L.,   (1888)   Art.  4,  sec.  302. 

1902,  ch.  351. 

435.  The  said  corporation  shall  keep  and  run  on  their  ferry 
routes  two  good  and  substantial  steam  ferry  boats,  staunch  and 
seaworthy,  and  supplied  according  to  the  law  in  such  cases  made 
and  provided ;  and  the  said  corporation  shall  so  manage  the  said 
ferry  as  that  one  of  their  ferry  boats  shall  leave  each  end  of  said 
ferry  at  least  every  ten  minutes  between  the  hours  of  six  o'clock 
A.  M.  and  eight  o'clock  P.  M.,  and  at  intervals  of  twenty-five 
minutes  between  the  hours  of  eight  o'clock  P.  M  and  twelve 
o'clock  midnight ;  provided,  that  the  requirements  of  this  section 
shall  be  directory  only  and  not  mandatory  upon  said  corporation 
when  the  weather,  public  convenience  or  traffic  justify  said 
corporation  in  altering  said  requirements. 

1868,  ch.  187.     P.  L.  L.,   (1888)  Art.  4,  sec.  303. 

436.  The  said  corporation  shall  not  charge  any  greater  sums 
than  are  contained  in  the  following  scale  of  prices,  to  wit :  For 
one  passenger,  five  cents ;  for  one  horse,  mule  or  ass,  and  rider 
or  driver,  ten  cents;  for  one  cow  and  driver,  ten  cents;  for 
every  swine,  three  cents ;  for  every  sheep,  two  cents ;  for  every 
calf,  two  cents ;  for  every  heifer,  three  cents ;  for  one  horse,  cart 
and  driver,  fifteen  cents;  for  two  horses,  cart  and  driver, 
eighteen  cents ;  for  one  horse,  wagon  and  driver,  fifteen  cents ; 
for  two  horses,  wagon  and  driver,  eighteen  cents ;  for  every  addi- 
tional horse  to  those  above  enumerated,  harnessed  to  a  wagon  or 
cart,  three  cents ;  for  every  two-seated  carriage  and  two  horses, 
fifteen  cents ;  for  every  four-seated  carriage  and  one  horse,  twelve 
cents;  for  every  four-seated  carriage  and  two  horses,  twenty 
cents ;  for  every  additional  horse  to  those  above  enumerated,  har- 


254 

nessed  to  a  carriage,  five  cents ;  for  one  lumber  wagon  and  one 
horse  or  two  horses,  twenty-five  cents. 

1868,  ch.  187.     P.  L.  L.,   (1888)  Art.  4,  sec.  304. 

437.  Firemen  in  actual  discharge  of  their  duties,  together 
with  their  apparatus,  accoutrements  and  horses,  police  officers 
in  the  actual  discharge  of  their  duties,  and  all  funerals,  shall 
pass  free. 

FINES  AND  FORFEITURES. 

p.  L.  L.,    (1860)   Art.  4,  sec.  232.     P.  L.  L.,   (1888)   Art.  4,  sec.  305. 

1892,  ch.  411. 

438.  One-half  of  all  fines  adjudged  by  and  accruing  in  the 
Criminal  Court  of  Baltimore,  when  secured  by  the  Sheriff  of 
Baltimore  City,  shall  be  paid  to  the  ]\Iayor  and  City  Council  of 
Baltimore,  and  out  of  said  fines  the  judge  of  said  court  may 
order  and  direct  to  be  paid  to  the  State's  Attorney  of  said  city 
such  additional  fees  in  cases  of  extraordinary  duration  and 
trouble,  as  he  may  deem  just  and  reasonable,  but  this  section 
shall  not  have  any  effect  upon  the  rights  of  informers. 

Rawlings  v.  State,  2  Md.  20. 

1884,  ch.  119.     P.  L.  L.,  (1888)  Art.  4,  sec.  306.    1894,  ch.  519. 

439.  The  Sheriff  of  Baltimore  City  shall,  on  or  before 
the  first  day  of  December  in  each  year,  divide  equally  all 
fines  imposed  by  the  Criminal  Court  of  Baltimore  City  on 
persons  convicted  for  keeping  houses  of  ill-fame,  among  such 
incorporated  dispensaries  of  said  city  as  shall  comply  with  the 
provisions  of  the  succeeding  section. 

Snowden  v.  Baltimore  Dispensary,  60  Md.  85. 

1884,  ch.  119.     P.  L.  L.,   (1888)  Art.  4,  sec.  307. 

440.  Such  fines  shall  be  divided  equally  among  those  incor- 
porated dispensaries  which  shall,  within  ten  days  after  the 
tenth  day  of  November  in  each  year  file  in  the  ofiice  of  the 
Sheriff  of  Baltimore  City  separate  reports,  the  truth  of  each  of 
which  shall  be  sworn  to  by  one  of  the  officers  of  the  dispensary 
filing  the  same,  before  any  officer  of  the  State  of  Maryland 
authorized  bv  law  to  administer  oaths,  showing:  that  in  the  vear 
preceding  such  tenth  day  of  November,  the  said  dispensary  had 
under  its  charge  more  than  two  thousand  separate  persons  as 
patients,  and  that  its  said  dispensary  was  open  for  the  treat- 
ment of  disease  two  hours  daily,  and  for  the  free  distribution  of 


255 

medicine  to  the  poor  six  hours  daily  on  each  week  day  and  two 
continuous  hours  on  each  Sunday  in  said  year. 

1884,  ch.  119.    P.  L.  L.,  (ISSS)  Art.  4,  sec.  308. 

441.  In  case  said  fines  shall  not  be  claimed  by  any  such 
dispensary  in  the  manner  specified  in  the  two  preceding  sec- 
tions, then  said  fines  shall  be  paid  by  the  Sherift"  to  the  Mayor 
and  Citv  Council  of  Baltimore. 

1884,  ch.  119.     P.  L.  L.,  (1888)  Art.  4,  sec.  309. 

442.  The  said  Sheriff's  official  bond  shall  be  responsible  for 
the  faithful  payment  of  said  money  as  hereinbefore  provided, 
and  shall  be  liable  for  any  default  in  any  duty  herein  required 
to  be  performed  by  him. 

P.  L.  L.,   (1860)   Art.  4,  sec.  234.     P.  L.  L.,    (1888)  Art.  4,  sec.  310. 

1908,  ch.  18. 

443.  No  person  shall  hereafter  be  allowed  to  give  security 
for  the  payment  of  any  fine  and  costs  imposed  by  the  Criminal 
Court  of  Baltimore,  but  any  person  who  shall  be  sentenced  by 
the  court  to  the  payment  of  any  fine  and  costs  shall  stand  com- 
mitted until  they  are  paid.  And  in  default  of  the  payment  of 
said  fine  and  costs  shall  serve  one  day  in  jail  for  each  dollar  or 
fractional  part  thereof  of  said  fine  and  costs ;  provided,  however, 
that  in  no  case  shall  the  term  of  such  imprisonment  in  default 
of  the  payment  of  any  fine  and  costs  exceed  six  months. 

In  connection  with  fines,  see,  Day  v.  State,  7  Gill  322.     State  v.  Mace, 
5  Md.  337. 

1908,  ch.  314. 

443A.  The  provisions  of  the  aforegoing  section  shall  also 
apply  to  the  term  of  imprisonment  to  be  served  in  default  of 
fines  and  forfeitures  imposed  by  the  several  police  magistrates 
of  Baltimore  City  when  exercising  criminal  jurisdiction. 

1880,  ch.  211.    P.  L.  L.,   (1888)  Art.  4,  sec.  311. 

444.  When  any  fine  or  penalty  is  imposed  by  any  Act  of 
Assembly  of  this  State,  or  by  any  ordinance  of  any  incorporated 
city  or  town  in  this  State,  enacted  in  pursuance  of  snfticiont 
authority,  for  the  doing  of  any  act  forbidden  to  be  done  by  such 
Act  of  Assembly  or  ordinance,  or  for  omitting  to  do  any  act 
required  to  be  done  by  such  Act  of  Assembly  or  ordinance,  the 
doing  of  such  act,  or  the  omission  to  do  such  act,  shall  be  doomed 
to  bo  a  f-riminnl   offence;  such  offence,   in   the   City  of   l>alti- 


256 

more,  shall  be  prosecuted  by  the  arrest  of  the  offender  for  such 
offence,  and  by  holding  him  to  appear  in  or  committing  him  for 
trial  in  the  Criminal  Court  of  Baltimore,  at  the  Saturday  ses- 
sions of  said  court,  which  said  court  shall  have  jurisdiction  in 
the  said  cases,  and  shall  proceed  to  try  or  dispose  of  the  same 
in  the  same  manner  as  other  criminal  cases  triable  at  the  Satur- 
day sessions  of  said  court  may  be  tried  or  proceeded  with,  or  dis- 
posed of,  or  such  offence  may  be  prosecuted  by  indictment  in 
such  court;  such  offences  in  any  county  of  this  State  shall  be 
prosecuted  by  the  arrest  of  the  offender  for  such  offence,  and  by 
holding  him  to  bail  to  appear  in  or  committing  him  for  trial  in 
the  Circuit  Court  for  the  county  in  which  such  offence  was  com- 
mitted, or  by  indictment  in  the  Circuit  Court  for  such  county 
for  such  offence.  If  any  person  shall  be  adjudged  guilty  of  any 
such  oft'ence  by  any  court  having  jurisdiction  in  the  premises, 
he  shall  be  sentenced  to  the  fine  or  penalty  prescribed  by  such 
Act  of  Assembly  or  ordinance,  and  to  the  costs  of  his  prosecu- 
tion, and  in  default  of  payment  thereof  he  shall  be  committed 
to  jail  until  thence  discharged  by  due  course  of  law;  any  indict- 
ment for  the  violation  of  any  ordinance  of  any  incorporated 
city  or  towm  of  this  State  may  conclude  "against  the  form  of 
the  ordinance  in  such  case  made  and  provided,  and  against  the 
peace,  government  and  dignity  of  the  State." 

McCracken  v.  State,  71  Md.  155.    Dean  v.  State,  98  Md.  80. 

FIEE. 

Fire  Department. 
1888,  ch.  393.    P.  L.  L.,  (1888)  Art.  4,  sees.  315,  3150. 

445.  The  Ma^-or  and  City  Council  of  Baltimore  is  hereby 
directed  to  appropriate  annually  such  sums  of  money  as  shall 
be  sufficient  to  pay  the  pensions  of  such  members  of  the  Fire 
Department  as  shall  heretofore  have  been  put  upon  the  pen- 
sion roll,  and  as  shall  thereafter  be  put  upon  said  pension 
roll,  in  accordance  with  the  provisions  of  this  Article ;  and  also 
to  appropriate  such  sums  of  money  as  may  be  sufficient  to  afford 
relief  to  the  widows  and  children  of  firemen  killed  in  the  dis- 
charge of  duty. 

MISCELLANEOUS  LOCAL  LAWS. 
'  P.  L.  L.,   (1860)  Art.  4,  sec.  237.     P.  L.  L.,   (1888)   Art.  4,  sec.  313. 

446.  Any  person  who  shall  wilfully  destroy  or  injure  any 
engine,  hose,  reel  or  other  apparatus  whatever  for  the  extin- 


257 

giiishment  of  fires,  belonging  to  any  company  in  the  City  of 
Baltimore,  or  to  the  said  city,  shall  be  guilty  of  felony,  and 
upon  conviction  thereof  shall  be  sentenced  to  confinement  in 
the  penitentiary  for  a  period  not  less  than  two  nor  more  than 
five  years. 

P.  L.  L.,   (1860)  Art.  4,  sec.  238.     P.  L.  L.,   (1888)   Art.  4,  sec.  314. 

447.  Any  person  who  shall  assault,  beat  or  otherwise  in- 
tentionally hurt  or  injure  any  fireman  of  the  City  of  Balti- 
more, whilst  in  the  discharge  of  his  duties  as  fireman  (except 
in  self-defence),  shall,  upon  conviction  thereof,  be  sentenced 
to  imprisonment  in  Baltimore  City  Jail  for  a  period  not  less 
than  one  month,  and  the  payment  of  a  fine  of  not  less  than 
ten  nor  more  than  one  hundred  dollars. 

Fire   Gongs  in  Hotels. 
1906,  ch.  ISO,  sec.  1. 

447a.  Any  building  or  buildings  now  used  as  hotels  or 
apartment  houses,  or  that  shall  hereafter  be  used  as  such  shall 
have  installed  in  said  building  or  buildings  large  fire  gongs, 
which  shall  be  rung  only  in  case  of  fire  or  danger  of  fire, 
so  as  to  notify  and  warn  the  occupants  thereof. 

1906,  cli.  ISO,  sec.  2. 

447b.  The  gongs  provided  for  in  the  preceding  section  shall 
be  of  such  size  as  shall  be  designated  by  the  Inspector  of 
Buildings  of  Baltimore  City,  and  shall  be  placed  one  at  each 
stair  landing  and  one  at  each  end  of  every  corridor  or  hall,  and 
so  put  up,  arranged  and  connected  that  each  gong  can  be 
sounded  from  the  main  office. 

1906,  ch.  180,  sec.  3. 

447c.  Any  owner,  agent,  lessee  or  manager  of  any  building 
or  buildings  used  or  occupied  as  a  hotel  or  apartment  house, 
that  shall  neglect  or  refuse  to  comply  with  the  provisions  of  this 
Act  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  indict- 
ment and  conviction  thereof  shall  be  fined  not  less  than  $250 
nor  more  than  $1,000,  for  each  offense. 

1906,  ch.  180,  sec.  4. 

447fl.     The  provisions  of  this  Act  shall  not  apply  to  build- 
ings of  twelve  rooms  or  less. 
riO) 


258 

P.  L.  L.,  (1888)  Art.  4,  sec.  315D.     1892,  ch.  345.    1900,  ch.  708. 

448.  The  Mayor  and  City  Council  of  Baltimore  is  hereby 
authorized  and  empowered  to  appropriate  annually  the  sum 
of  one  thousand  dollars,  payable  to  the  Veteran  Volunteer 
Firemen's  Association  of  Baltimore  City,  for  the  rental  of  a 
suitable  building  for  the  keeping  of  its  apparatus,  holding 
meetings,  paying  janitor,  and  for  fuel  and  other  necessary  ex- 
penses incident  to  said  association. 

1910,  ch.  568. 

448a.  That  no  building  or  structure  of  any  kind  whatever 
shall  be  erected,  constructed  or  altered,  or  used  as  a  garage^ 
livery  or  hiring  stable,  or  any  other  stable  having  accommoda- 
tions for  over  ten  horses,  housing  of  vehicles  of  any  kind, 
storage  house,  houses  or  structures  for  keeping  of  inllammable 
goods  or  explosives  of  any  kind  whatever  within  six  hundred 
feet  (600)  of  any  building  or  structure  used  as  a  public  hos- 
pital in  the  City  of  Baltimore;  nothing  in  this  Act  shall  be 
construed  to  apply  to  garage,  livery  or  hiring  stables  or  any 
other  stable  in  use  at  the  time  of  the  passage  of  this  Act. 

Illuminating  Oils  and  Fluids. 
1874,  ch.  504.     P.  L.  L.,  (1888)  Art.  4,  sec.  329. 

449.  All  oils  or  fluids  manufactured  from  petroleum  or 
its  products,  used  for  illuminating  purposes  in  this  State,  which 
shall  be  manufactured  or  kept  for  sale  therein,  shall  be  re- 
quired to  stand  a  fire  test  of  one  hundred  and  ten  degrees 
Fahrenheit  before  it  shall  burn,  to  be  ascertained  bv  Tagliabue's 
coal  oil  tester,  or  some  other  instrument  constructed  upon  the 
same  principle. 

1874,  ch.  504.     P.  L.  L.,  (1888)  Art.  4,  sec.  330. 

450.  Every  person  manufacturing  or  selling  illuminating 
oils  or  fluids,  manufactured  from  petroleum  or  its  products, 
by  the  barrel,  shall  be  required  to  have  stamped  upon  the  head 
of  the  barrel  the  name  of  the  manufacturer  thereof  and  his 
place  of  business,  together  with  the  words  "warranted  to  stand 
a  fire  test  of  one  hundred  and  ten  degrees  Fahrenheit  before 
it  shall  burn." 

1874,  ch.  504.     P.  L.  L.,   (1888)  Art.  4,  sec.  831. 

451.  Whoever  manufactures  for  illuminating  purposes,  or 
sells  in  quantities  not  less  than  a  barrel,  oils  or  fluids  made 
from  petroleum  or  its  products,  which  does  not  sustain  the 


259 

fire  test  as  provided  in  section  449,  shall  be  deemed  guilty  of 
a  misdemeanor,  and  on  conviction  thereof,  shall  be  fined  not 
more  than  one  thousand  dollars,  or  imprisoned  in  the  jail  or 
penitentiary  not  more  than  two  years,  in  the  discretion  of  the 
court.  Whoever  sells  in  quantities  less  than  a  barrel,  for  il- 
luminating purposes,  oils  or  fluids  made  from  petroleum  or  its 
products,  which  does  not  sustain  the  fire  test  provided  for  in 
section  449,  shall  forfeit  said  oil,  and  be  fined  not  less  than 
five  dollars  nor  more  than  twenty  dollars;  said  fine  to  be  col- 
lected as  other  fines  are  now  collected,  one-half  to  go  to  the 
informer,  the  other  to  be  paid  into  the  treasury  of  the  State. 

1874,  ch.  504.     P.  L.  L.,  (1888)  Art.  4,  sec.  332. 

452.  Any  purchaser  of  oils  or  fluids  made  of  petroleum  or 
its  products,  for  illuminating  purposes,  bearing  the  stamp 
required  in  section  450,  and  which  does  not  stand  the  fire 
test  required  in  section  449,  may  recover  from  the  seller  in 
an  action  for  debt  an  amount  equal  to  double  the  purchase 
money  of  said  oil. 

1874,  ch.  504.     P.  L.  L.,  (1888)  Art.  4,  sec.  333. 

453.  Any  accident  by  reason  of  explosion,  occurring  with 
any  oil  or  fluid  manufactured  from  petroleum  or  its  products, 
shall  subject  the  seller  thereof  to  prosecution  for  a  misde- 
meanor, and  upon  conviction  thereof  in  a  court  of  competent 
jurisdiction,  to  a  fine  not  exceeding  one  thousand  dollars,  nor 
less  than  five  hundred  dollars ;  one-half  of  said  fine  to  be  paid 
to  the  informer  and  the  other  half  to  the  State. 

1874,  ch.  504.     P.  L.  L.,  (1888)  Art.  4,  sec.  334. 

454.  In  case  of  seizure  or  confiscation  of  oils  or  fluids  man- 
ufactured from  petroleum  or  its  products,  as  provided  in  sec- 
tion 451,  the  party  who  has  sold  such  oils  or  fluids  shall  have 
the  privilege  of  referring  the  same  to  some  commissioned  in- 
spector recognized  by  the  oil  trade  of  Baltimore,  whose  decisions 
shall  be  prima  facie  evidence  of  the  quality  of  said  oil  or  fluid. 

1874,  ch.  504.     P.  L.  L.,   (1888)  Art.  4,  sec.  335. 

455.  If  any  inspector  of  oils  shall  be  convicted  in  a  court 
of  competent  jurisdiction  of  furnishing  a  false  report  of  the 
fire-test  of  any  oil  submitted  to  his  inspection,  he  shall  be  liable 
to  a  fine  of  not  less  than  five  hundred  dollars  nor  more  than 
two  thousand  dollars,  at  the  discretion  of  the  court;  said  fine 
to  be  paid  into  the  treasury  of  the  State. 


260 

1874,  ch.  504.    P.  L.  L.,   (1888)  Art.  4,  sec.  336. 

456.  The  provisions  of  the  seven  preceding  sections  shall 
not  apply  to  oils  or  fluids  manufactured  from  petroleum  or  its 
products  for  the  purpose  of  exportation  or  for  use  in  street 
lamps. 

FISH. 
1886,  ch.  450.     P.  L.  L.,   (1888)  Art.  4,  sec.  337. 

457.  No  person  shall  expose  for  sale,  or  have  in  his  posses- 
sion, offering  for  sale,  any  striped  bass  or  rock  M^eighing  less 
than  one-half  pound  each,  or  any  v^hite  perch  weighing  less 
than  one-quarter  of  a  pound  each ;  any  person  violating  any  of 
the  provisions  of  this  section  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  upon  conviction  by  a  court  of  competent  juris- 
diction shall  be  fined  not  more  than  twenty  dollars  or  be  con- 
fined in  jail  not  more  than  thirty  days,  or  both,  in  the  judg- 
ment of  the  court. 

GAS  COMPANIES. 

458.  459  and  460.     Kepealed  by  Act  of  1910,  Chapter  56. 

1888,  ch.  322.     P.  L.  L.,   (1888)   Art.  4,  sec.  341.     1900,  ch.  180. 

461.  No  corporation  or  person  shall  charge  for  illuminating 
gas  in  Baltimore  City  a  sum  to  exceed  one  dollar  and  ten 
cents  per  thousand  cubic  feet. 

1888,  ch.  322.     P.  L.  L.,  (1888)  Art.  4,  sec.  342. 

462.  The  illuminating  gas  furnished  by  any  such  corpora- 
tion or  person  shall  have  an  illuminating  power  not  less  than 
twenty  sperm  candles  of  six  to  the  pound,  and  burning  at  the 
rate  of  one  hundred  and  twenty  grains  of  spermaceti  per  hour, 
tested  at  a  distance  of  not  less  than  one  mile  from  the  place  of 
manufacture  by  a  burner  consuming,  five  cubic  feet  of  gas 
per  hour,  and  shall  as  regards  purity,  comply  with  the  standard 
now  or  hereafter  established  by  law. 

1912,  ch.  853. 

462a.  That  if  and  when  a  proposition  for  the -introduction  of 
natural  gas  into  the  City  of  Baltimore  and  for  the  supply  of 
the  same  to  the  consumers  for  a  term  not  exceeding  twenty-five 
years  shall  be  submitted  to  the  Board  of  Estimates  for  the 
City  of  Baltimore,  the  same  shall  be  by  it  fully  considered.  If 
and  when  the  said  Board  of  Estimates  shall  have  approved 


261 

such  proposition  or  any  modification  thereof  and  shall  have 
entered  into  an  agreement  with  any  corporation  either  upon 
the  proposition  submitted  or  otherwise,  which  it  is  hereby 
authorized  to  do,  the  agreement  thus  reached  shall  be  reduced 
to  writing  and  shall  thereupon  be  submitted  to  the  Public  Ser- 
vice Commission  of  the  State  of  Maryland  for  its  approval  as 
to  the  rates  therein  prescribed ;  and  as  to  each  and  all  the  terms, 
conditions  and  provisions  thereof,  and  upon  such  approval  by 
the  said  Public  Service  Commission,  and  not  before  the  said 
agreement  shall  become  binding  upon  the  City  of  Baltimore 
and  upon  the  corporation  named  in  said  agreement  on  the 
further  approval  of  such  agreement  by  ordinance  of  the  City 
Council  of  Baltimore  and  the  approval  of  such  ordinance  by 
the  Mayor ;  and  the  officials  of  the  City  of  Baltimore  are  there- 
upon required  to  duly  execute  such  contract  with  the  corpora- 
tion therein  named  for  the  term  of  years  and  in  accordance  with 
the  rates,  terms  and  conditions  therein  set  forth. 

1912,  ch.  853. 
462b.     That  any  such  agreement  may  contain  such  provi- 
sions and  conditions  with  respect  to  the  rates  and  conditions  to 
consumers  for  the  supply  of  artificial  gas,  as  shall  be  approved 
as  above  provided. 

1912,  ch.  853. 
462c.     That  nothing  contained  in  this  Act   shall  limit   or 
authorize    any   contract   that   may  limit   in   any   manner   the 
powers  of  the  Public  Service  Commission  of  Maryland. 

HARBOR,  DOCKS  A:^D  WHARVES. 
HARBOR. 

p.  L.  T...    (1860)    Art.  4,  sec.  267.     18S4,  ch.  309.     P.  L.  L..    (1888)    Art. 

4,  sec.  351.    1908,  ch.  170. 

463.  ISTo  alteration,  extension  or  removal  of  wharves,  piers, 
bulkheads  or  pilings  shall  be  made  in  the  Patapsco  River  or 
tributaries  without  consent  of  the  Harbor  Board. 

Page  V.  Mayor,  34  Md.  558.  Hazlehurst  v.  Mayor,  37  Md.  399.  Wil- 
liams V.  Baker,  41  Md.  523.  B.  &  O.  R.  R.  Co.  v.  Chase,  43  Md.  24. 
Horner  v.  Pleasants,  66  Md.  477.  CImssoii  v.  Chesapeake  Co.,  81  Md. 
258. 

-See,  Res.  185,  April  22,  1876. 

P.  L.  L.,    (1860)   Art.  4,  sec.  268.     P.  L.  L..    (1888)   Art.  4,  sec.  352. 

1908,  ch.  170. 

464.  If  any  person  shall  violate  the  provisions  of  the  pre- 


262 

ceding  section  he  shall  be  deemed  guilty  of  a  misdemeanor  and 
upon  conviction  shall  be  subject  to  a  fine  not  exceeding  two 
hundred  and  fifty  dollars,  and  the  Harbor  Board  is  hereby 
empowered  to  remove  forthwith,  at  the  expense  of  the  persons 
erecting  the  same,  the  structure,  obstruction  or  extension  com- 
plained of. 

465  and  466.     Repealed  by  Act  of  1908,  Chapter  170. 

Doclcs. 

p.  L.  L.,   (1860)   Art.  4,  sec.  193.     P.  L.  L.,   (1888)   Art.  4.  sec.  3587" 

467.  The  Mayor  and  City  Council  are  vested  with  the  right 
and  title  to  any  land  made  or  to  be  made  by  them  out  of  the 
water  in  making  and  completing  the  improvements  of  the  city 
dock,  according  to  the  plan  heretofore  adopted  by  them;  pro- 
vided, that  nothing  contained  in  this  section  shall  be  con- 
strued to  interfere  with  the  vested  rights  of  individuals. 

P.  L.  L.,   (1860)  Art.  4,  see.  194.     1880.  ch.  418.     P.  L.  L.,  (1888)  Art.  4, 

sec.  359.     1908,  ch.  170. 

468.  !No  vessel  shall  lie  at  any  wharf,  pier  or  dock,  or  ad- 
joining same,  in  such  manner  as  to  obstruct  or  prevent  the 
free  passage  of  any  vessel  to  or  from  some  other  berth  in 
the  same  or  another  wharf,  pier  or  dock.  The  master  of  any 
vessel  refusing  to  comply  with  the  provisions  of  this  section 
within  one  hour  from  the  time  notice  to  move  his  said  vessel 
shall  have  been  served  upon  him  by  the  harbor  master  or  a 
police  oSicer  of  Baltimore  City,  shall  be  guilty  of  a  misde- 
meanor, and  shall  be  subject  to  a  fine  of  not  more  than  twenty 
dollars  for  every  hour  thereafter  said  obstruction  continues. 

P.  L.  L.,   (1860)   Art.  4,  sees.  196,  197.     1880,  ch.  418.     P.  L.  L.,   (1888) 
Art.  4,  sec.  360.     1908,  ch.  170.     1912,  ch.  32. 

469.  Provided,  however,  that,  except  in  regard  to  docks  and 
wharves  owned  by  the  Mayor  and  City  Council  of  Baltimore, 
nothing  contained  in  any  section  or  provision  of  this  Article 
shall  be  constructed  to  impose  any  duty  upon  the  Mayor  and 
City  Council  of  Baltimore  to  any  person  or  corporation  using 
the  Patapsco  River,  or  any  branch  or  tributary  thereof,  in 
regard  to  the  safety  thereof,  or  to  render  the  said  Mayor  and 
City  Council  of  Baltimore  liable  for  any  loss  of  life  or  injury 
or  damage  to  person  or  property,  by  reason  of  any  obstruction 
in,  or  unsafe  condition  of,  any  part  of  said  river  or  of  said 
branches  or  tributaries,  or  either  of  them. 


263 

470  to  477,  both  inclusive.  Kepealed  by  Act  of  1908,  Chap- 
ter 170. 

P.  L.  L.,   (1860)  Art.  4,  sec.  952.     P.  L.  L.,   (1SS8)  Art.  4,  sec.  370. 

478.  Any  person  carrying  wood  to  Baltimore  for  sale  may 
land  the  same  upon  the  State  wharves  whenever  permitted 
to  do  so  by  any  Tobacco  Inspector  in  the  warehouse  to  which 
the  wharf  is  attached;  but  such  permission  shall  not  interfere 
with  that  portion  of  the  public  wharves  set  apart  for  the  use 
of  boats  laden  with  tobacco. 

P.  L.  L.,   (I860)  Art.  4,  sec.  953.     P.  L.  L.,   (1888)   Art.  4,  sec.  371. 

479.  The  person  landing  wood  upon  the  public  wharves 
under  the  preceding  section  shall  pay  the  Tobacco  Inspector 
the  sum  of  six  and  a  quarter  cents  a  cord,  to  be  by  the  said 
inspector  paid  into  the  State  Treasury,  and  the  inspector  shall 
be  allowed  twenty  per  cent,  upon  the  money  so  received  and 
paid  into  the  State  Treasury. 

Harbor  Board. 
P.  L.  L.,  (1888)  Art.  4,  sec.  372.     1894,  cli.  423. 

480.  The  Harbor  Board  shall  have  full  control  and  manage- 
ment of  the  iceboat  Annapolis,  belonging  jointly  to  the  State 
of  Maryland  and  the  City  of  Baltimore,  subject  to  the  orders 
of  the  Governor  of  the  State,  for  the  use  of  said  boat  for  the 
public  service. 

See  p.  L.  L.,   (1888)  Art.  4,  sees.  372  to  377,  inclusive,  relating  to  ice 
boat  and  harbor  relief. 

P.  L.  L.,   (1888)  Art.  4,  sec.  373.     1894,  ch.  423. 

481.  The  said  Board  is  hereby  authorized  to  appoint,  in 
conformity  with  the  provisions  of  section  88  of  this  Article,  at 
such  reasonable  rates  of  pay  as  it  may  determine,  and  at  its 
pleasure  to  discharge,  such  officers  and  crew  as  ma}'  in  its 
judgment  be  deemed  necessary  for  the  proper  operation  and 
maintenance  of  said  boat  at  all  times. 

P.  L.  L.,  (1888)  Art.  4,  sec.  374.     1S94,  ch.  423. 

482.  The  said  Board  shall  employ  the  said  boat,  primarily, 
for  the  purpose  of  preventing  obstruction  by  ice  to  the  naviga- 
tion  of  Baltimore  harbor,  and  the  ship  channels  loading  thereto, 
and  for  the  relief  of  vessels  in  distress,  bound  to  or  from  the 
port  of  Baltimore. 


264 

p.  L.  L.,    (1SS8)    Art.  4,  sec.  375.     1894,  ch.  423. 

483.  The  Board  is  further  authorized  to  use  the  said  boat 
(or  at  its  discretion  the  ice  boat  Latrobe)  in  the  relief  from 
obstruction  by  ice  of  any  of  the  harbors  or  channels  of  the 
Chesapeake  Bay  or  its  tributaries,  when  such  service  can  be 
rendered  without  detriment  to  the  commerce  of  the  port  of 
Baltimore,  and  for  any  other  service  which  the  said  Board  may 
deem  advantageous  to  commerce  and  the  public  interest ;  the 
Board  may  charge  such  reasonable  rates  for  towage,  or  relief 
of  vessels,  as  it  may  deem  proper,  having  in  view  the  public 
and  private  interests  and  facilities  of  commerce,  and  the  sum 
received  for  same  shall  be  applied  to  the  expense  of  the  boat. 

P.  L.  L.,  (1888)  Art.  4,  sec.  376.     1894,  cli.  423. 

484.  The  annual  expenses  of  maintaining  and  operating 
said  iceboat  shall  be  paid  by  the  Mayor  and  City  Council  of 
Baltimore. 

P.  L.  L.,   (1888)  Art.  4.  sec.  377.     1894,  ch.  423. 

485.  The  said  Board  shall  in  its  annual  report  to  the  ]\layor 
and  City  Council  of  Baltimore  embody  statements  of  the  opera- 
tions of,  and  the  receipts  and  disbursements  for  the  said  ice- 
boat, and  shall  send  copies  of  the  same  to  the  Governor  nnd 
Comptroller  of  the  Treasury  of  the  State. 

HEALTH. 

NUISAIS^CES. 

p.  L.  L.,   (1860)  Art.  4,  sec.  798.     P.  L.  L.,   (1888)   Art.  4,  sec.  379. 

1910,  ch.  288. 

486.  Whenever  any  nuisance  dangerous  to  the  health  of 
the  city  shall  exist  in  any  street,  lane  or  alley  of  the  city, 
either  public  or  private,  and  it  shall  be  found  necessary  in 
order  to  remove  the  same  to  have  such  street,  lane  or  alley 
paved,  the  said  city  may  order  the  same  to  be  paved  and  may 
recover  the  amount  expended  in  paving  the  same,  and  the 
expenses  of  collection,  from  the  owner  or  owners  of  the  prop- 
erty fronting  thereon,  in  equal  portions,  by  suit  against  the 
owner. 

City  can  assess  against  abutting  owner  for  paving  private  alley  to 
abate  nuisance. 

Owners  Realty  Co.  v.  M.  &  C.  C,  112  Md.  477. 

P.  L.  L.,   (1860)   Art.  4,  sec.  799.     P.  L.  L.,   (1888)  Art.  4,  sec.  380. 

487.  The  said  owner  mav  in  such  action  defend  himself 


265 

against  any  such  claim  for  expenses  of  paving  and  the  collec- 
tion thereof  by  proof  that  no  such  nuisances  existed,  or  that 
the  paving  of  the  said  street,  lane  or  alley  was  not  necessary 
to  the  removal  or  abatement  thereof,  or  that  such  nuisance 
was  caused  by  an  act  or  ordinance  of  said  city,  or  its  officers 
in  the  execution  of  their  duty. 

I'.  L.  L.,   (1S60)   Art.  4,  sec.  800.     P.  L.  L.,   (1888)   Art.  4,  sec.  381. 

488.  The  expenses  of  such  paving,  and  the  expenses  inci- 
dent to  the  collection  thereof,  shall  be  a  lien  upon  the  property 
chargeable  therewith ;  and  when  the  right  of  the  city  to  recover 
the  same  has  been  determined,  the  city  may  levy  such  expenses 
upon  said  property. 

P.  L.  L.,   (1860)  Art.  4,  sec.  801.     P.  L.  L.,   (1888)  Art.  4,  sec.  382. 

489.  If  any  of  the  said  property  shall  be  owned  by  persons 
not  resident  within  the  limits  of  said  city,  then,  after  public 
notice  given  at  least  three  times  a  week  for  three  successive 
weeks  in  two  newspapers  of  the  city,  by  advertisement,  de- 
scribing the  property  chargeable,  the  amount  of  expense  with 
which  it  is  chargeable  and  if  known,  the  name  of  the  owner 
thereof,  the  City  may  proceed  to  levy  said  expenses  upon  the 
interest  of  such  non-resident  in  said  property,  without  any  pre- 
vious suit  to  determine  their  right  to  the  same. 

P.  L.  L.,   (1860)   Art.  4,  sec.  802.     P.  L.  L.,   (1888)  Art.  4,  sec.  383. 

490.  Such  non-resident  may,  at  any  time  within  three 
mouths  after  said  expenses  have  been  levied  and  collected,  in- 
stitute an  action  against  the  city  for  the  recovery  of  the  same ; 
and  if  it  shall  appear  in  such  action  that  public,  notice  was  not 
given  as  hereinbefore  directed,  or  that  no  such  nuisance  ex- 
isted, or  that  the  paving  of  said  street,  lane  or  alley  was 
not  necessary  to  the  removal  or  abatement  thereof,  or  tluit  the 
same  was  caused  by  an  act  or  ordinance  of  the  city,  or  by  its 
officers  in  the  execution  of  their  duty,  such  non-resident  shall 
recover  the  expenses  of  paving  and  collection  so  levied  upon 
his  property. 

P.  L.  L.,   (I860)   Art.  4,  sec.  803.     P.  1,.  L..   (1SS8)   Art.  4,  sec.  384. 

491.  Whenever  any  nuisance  dangerous  to  the  hoaltli  of 
the  city  shall  be  found  upon  any  vacant  lot  within  the  city,  tlie 
city  may  remove  or  abate  the  same,  and  shall  have  the  same 
remedy  against  the  owner  of  such  lot,  for  the  expenses  of  so 
doing,  as  is  given  in  the  five  preceding  sections  against  tlie 


266 

owners  of  lots  fronting  on  streets  paved,  to  remove  a  nuisance ; 
and  the  owner  of  such  vacant  lot  shall  have  the  same  rights 
and  remedies  therein  given  to  the  owners  of  lots  fronting  on 
streets  so  paved. 

p.  L.  L.,   (I860)   Art,  4,  sec.  854.     P.  L.  L.,   (1888)  Art.  4,  sec.  385. 

492.  Wlienever  the  Commissioner  of  Health  shall  certify 

in  writing  to  the  Mayor  tliat  it  is  necessary  for  the  Health  of 

the  City  to  alter  the  grade  of  any  street,  lane  or  alley  on  low 

or  made  ground  the  Mayor  shall  proceed  to  act  in  the  mauner 

specified  in  this  Article  relating  to  streets. 

City  has  right  to  grade  a  street,  lane  or  alley  to  abate  a  nuisance. 
Owners  Realty  Co.  v.  M.  &  C.  C,  112  Md.  477. 

ATHLETIC  FIELDS,  ETC. 

1910,  ch.  203. 

492a.  That  the  Mayor  and  City  Council  of  Baltimore  City 
be  and  the  same  is  hereby  authorized  and  empowered  to  enter 
into  agreements  or  contracts  with  the  Public  Athletic  League, 
incorporated,  for  the  purpose  of  establishing,  maintaining  and 
conducting  gymnasia,  athletic  fields  and  recreation  centers  for 
the  benefit  of  the  people  of  Baltimore  City,  for  such  length  of 
time  and  upon  such  terms  as  the  Mayor  and  City  Council  of 
Baltimore   City  may  deem  advantageous. 

Chemical  Laboratories. 
P.  L.  L.,   (1860)  Ai't.  4,  sec.  149.     P.  L.  L.,   (1888)   Art.  4,  sec.  387. 

493.  No  person  shall  erect  or  assist  in  the  erecting  any 
chemical  laboratory  within  the  limits  of  said  city  without  the 
consent  of  the  city,  and  the  city  may  provide  by  ordinance  for 
preventing  the  erection  of  any  such  laboratory,  and  for  re- 
moving or  preventing  the  use  of  any  that  shall  be  erected. 

Children's  Playgrounds. 

1906,  ch.  201. 

493a.  The  Mayor  and  City  Council  of  Baltimore  is  auth- 
orized and  empowered  to  enter  into  an  agreement  with  the 
duly  constituted  officers  of  the  Children's  Playground  Associa- 
tion (Division  Eight  United  Women  of  Maryland)  for  the 
maintenance  of  Children's  Playgrounds  in  the  City  of  Balti- 
more, for  such  length  of  time  and  upon  such  terms  as  the 
Mayor  and  City  Council  of  Baltimore  may  deem  advantageous. 


267 

1908,  ch.  511. 

4931).  That  the  Mayor  and  City  Council  of  Baltimore  be 
and  it  is  hereby  authorized  and  empowered  to  enter  into  an 
agreement  with  the  Children's  Playground  Association  of  Bal- 
timore City,  a  body  corporate,  for  the  maintenance  of  children's 
playgrounds  in  the  City  of  Baltimore,  for  such  length  of  time 
and  upon  such  terms  as  the  Mayor  and  City  Council  of  Balti- 
more may  deem  advantageous. 

1908,  ch.  511. 

493c.  That  any  contract  or  appropriation  heretofore  made 
or  provided  for  by  the  Mayor  and  City  Council  of  Baltimore  in 
pursuance  of  the  provisions  of  Chapter  201  of  the  Acts  of  the 
General  Assembly  of  Maryland,  session  of  1906,  with  the  duly 
constituted  officers  of  the  Children's  Playground  Association 
(Division  Eight,  United  Women  of  Maryland)  may,  with  the 
written  consent  of  the  said  officers,  be  transferred  to  and  con- 
tinued in  the  Children's  Playground  Association  of  Baltimore 
City,  a  body  corporate. 

Hospitals  for  Infectious  Diseases. 
1902,  ch.  36. 
493d.  'No  hospital  for  the  treatment  of  infectious  or  con- 
tagious diseases  shall  be  erected  or  maintained  in  the  City 
of  Baltimore,  nor  shall  any  money  be  appropriated  or  used  by 
the  Mayor  and  City  Council  of  Baltimore  for  the  erection  and 
maintenance  of  any  such  hospital  until  the  site  upon  which  said 
hospital  is  to  be  located  shall  first  be  approved  and  authorized 
by  an  ordinance  of  the  Mayor  and  City  Council  of  said  munici- 
pality, which  said  ordinance  shall  be  approved  by  a  vote  in  each 
branch  of  said  City  Council  of  not  less  than  two-thirds  of  all 
the  members  elected  thereto. 

1902,  ch.  36. 

493e.  The  ordinance  providing  for  the  selection  of  any  site 
shall  specify  fully  and  clearly  the  character  of  the  diseases  to 
be  treated  in  the  hospital  to  be  erected  thereon,  and  when  said 
hospital  is  erected,  no  other  diseases  except  those  specified  shall 
be  treated  therein  unless  authorized  by  an  additional  ordinance 
approved  in  the  manner  as  set  forth  in  section  1  of  this  Act. 

Sections  493d  and  493e,  are  sections  1  and  2  of  Act  1902,  ch.  36. 

1902,  ch.  348. 
493f.     Whenever  in  the   interest  of  the  public  health,  the 


268 

• 

erection  or  maintenance  of  temporary  buildings,  hospitals  or 
places  of  detention  for  the  treatment  of  infectious  or  con- 
tagious diseases  shall  become  necessary,  such  buildings,  hos- 
pitals or  places  of  detention  for  temporary  purposes  shall  be 
authorized  by  an  ordinance  of  the  Mayor  and  City  Council 
of  Baltimore,  and  such  ordinance  shall  name  the  diseases  to  be 
treated  and  describe  the  location  of  said  building  or  buildings, 
hospital  or  hospitals,  or  such  places  of  detention ;  provided  that 
nothing  in  this  Act  shall  be  construed  to  prevent  the  detention 
by  the  health  officers  of  said  City  of  Baltimore  of  any  person 
or  persons  that  may  be  suspected  of  being  infected  with  or 
having  an   infectious   or   contagious   disease. 

1898,  ch.  362. 

493g.  The  Mayor  and  City  Council  of  Baltimore  be  and 
they  are  authorized  and  empowered  hereafter  to  appropriate, 
annually,  and  to  give  for  the  use  and  benefit  of  the  Hospital 
for  Consumptives  of  Maryland  of  Baltimore  City,  any  sum 
or  sums  of  money  which  they  may  deem  proper;  provided  the 
sum  shall  not  exceed  four  thousand  dollars  per  annum  for 
any  one  year. 

Infants  in  Improper  Homes  or  Care. 
1906,  ch.  334. 

493h.  No  midwife,  institution,  corporation  or  home  not 
duly  incorporated  for  such  purpose  shall  receive  infants  or 
young  children  for  the  purpose  of  caring  for  them  with  a  view 
to  compensation  without  first  securing  a  license  from  the  Board 
of  Health. 

1906,  ch.  334,  see.  2. 

493i.  Before  the  granting  of  such  a  license  the  Board  of 
Health  shall  require  each  application  to  be  endorsed  by  four 
reputable  citizens  and  as  far  as  possible  thereafter  a  record 
shall  be  kept  by  the  Commissioner  of  Health  containing  the 
full  name  and  address  of  each  infant  or  child  received,  the 
date  of  its  birth,  the  date  of  its  reception,  and  in  case  of  a 
change  in  address,  the  date  and  place  of  its  removal. 

1906,  ch.  334,  see.  3. 

493j.  Before  issuing  said  license  the  home  or  institution 
of  each  applicant  shall  be  visited  by  an  agent  or  inspector  of 
the  Board  of  Health,  and  a  full  investigation  made  as  to  the 


269 

sanitary  conditions,  accommodations,  the  ability  and  fitness  of 
the  applicant  to  take  charge  of  such  infant  or  child,  and  such 
other  information  bearing  on  the  subject  as  may  be  of  value, 
and  that  the  agent's  report  and  recommendation  may  be  a 
basis  upon  which  the  Board  of  Health  may  base  its  action  for 
granting  or  rejecting  the  application  for  such  license. 

1906,  ch.  334,  sec.  4. 

493k.  Any  midwife  or  institution,  corporation  or  person 
which  shall  receive  or  board  an  infant  or  small  child  under 
three  years  of  age  with  a  view  to  compensation  without  first 
securing  such  license,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  fined  $25.00  and  costs 
for  each  and  every  offence,  one-half  of  the  said  fine  to  be  paid 
to  the  informer,  and  upon  failure  to  pay  the  fine  imposed  and 
the  cost  of  the  proceedings,  the  person  or  persons  so  convicted 
shall  be  committed  by  the  Court  or  Justice  who  imposed  such 
fine,  to  the  City  Jail  for  a  period  not  less  than  ten  days,  nor 
more  than  thirty  days. 

1906,  ch.  334,  sec.  5. 

4931.  The  provisions  of  this  Act  shall  in  no  way  be  regarded 
as  applying  to  such  persons  or  homes  as  may  be  recommended 
by  the  Supervisors  of  City  Charities  of  Baltimore  City. 

Act  1906,  ch.  334,  codified  as  sections  493h  to  4931,  inclusive,  of  the 
Charter. 

494 — 504.  Sections  494  to  504,  inclusive,  of  the  Charter 
were  repealed  by  Act  1902,  Chapter  179. 

Seats  for  Female  Employes  in  Stores  or  Factories. 
18S2,  ch.  35.     P.  L.  L.,    (1888)   Art.  4,  see.  398.     1900,  ch.  589. 

505.  Every  employer  of  females  in  any  mercantile  or  man- 
ufacturing establishment  in  the  City  of  Baltimore  nmst  provide 
and  maintain  suitable  seats  for  the  use  of  such  employes.  A 
person  is  deemed  not  to  maintain  suitable  seats  for  the  use  of 
female  employes  unless  he  pennits  the  use  thereof  by  such 
employes  to  such  extent  as  may  be  reasonable  for  the  preserva- 
tion of  health  and  proper  rest ;  and  the  question  of  what  is  thus 
reasonable  is  one  for  determination  by  the  jury  or  the  court 
acting  as  a  jury  in  any  prosecution  hereunder. 

1882,  ch.  35.     P.  L.  L.,   (1888)  Art.  4,  sec.  399. 

506.  Any   violnti^ni    of   tlu'   ]u-ooo(ling   section   by   any   em- 


270 

ployer  shall  be  deemed  a  misdemeanor,  and  shall  be  punishable 
by  a  fine  of  one  hnndred  and  fifty  dollars,  to  be  collected  as 
other  fines  are  collected. 

Tenement  and  Lodging  Houses. 

1886,  ch.  396.    P.  L.  L.,  (1888)  Art.  4,  sec.  400. 

507.  The  Mayor  and  City  Council  of  Baltimore  are  auth- 
orized and  directed  to  enact  ordinances  regulating  the  con- 
struction, care,  use  and  management  of  tenement  houses,  lodg- 
ing houses  and  cellars  in  the  City  of  Baltimore,  for  the  better 
protection   of   the   lives   and   health   of   the   inmates   dwelling 

therein. 

State  V.  Hymen,  98  Md.  596. 

1886,  ch.  396.     P.  L.  L.,  (1888)  Art.  4,  sec.  401.     1900,  ch.  557. 

1908,  ch.  190. 

508.  A  tenement  house  shall  be  taken  to  mean  and  include 
every  house,  building  or  portion  thereof  which  is  rented,  leased, 
let  or  hired  out  to  be  occupied  or  is  occupied  as  the  house  or 
residence  of  three  or  more  families,  living  independently  of 
one  another,  and  doing  their  own  cooking  upon  the  premises, 
or  by  more  than  two  families  upon  a  floor  so  living  or  cooking, 
but  having  a  common  right  in  the  halls,  stairways,  yards, 
water  closets  or  privies,  or  some  of  them;  a  lodging  house  shall 
be  taken  to  mean  and  include  any  house  or  building,  or  portion 
thereof,  in  which  persons  are  harbored,  or  received,  or  lodged 
for  hire  for  a  single  night,  or  for  less  than  a  week  at  one  time, 
or  any  part  of  which  is  let  for  any  person  to  sleep  in  for  any 
time  less  than  a  week ;  a  cellar  shall  be  taken  to  mean  and  in- 
clude every  basement  or  lower  story  of  any  building  or  house 
of  which  one-half  or  more  of  the  height  from  the  floor  -to  the 
ceiling  is  below  the  level  of  the  street  adjoining. 

State  Board  of  Commissioners  of  Practical  Plumbing. 
1886.  ch.  439.     P.  L.  L.,   (1888)  Art.  4,  sec.  402.     1894,  ch.  609. 

509.  It  shall  not  be  lawful  for  any  person,  firm  or  corpora- 
tion engaged  in  the  plumbing  business  in  the  City  of  Baltimore 
to  employ  as  workmen  in  said  business  any  persons,  except 
those  qualified  to  work  at  the  plumbing  business,  as  provided 
in  section  511  of  this  Article;  and  no  person  shall  be  qualified 
to  work  at  the  plumbing  business  unless  he  has  made  applica- 
tion to  and  received  from  the  State  Board  of  Commissioners 
of  Practical  Plumbing  the  certificate  of  competence  provided 


271 

for  in  section  511  of  this  Article,  and  is  otherwise  qualified, 
as  required  by  this  sub-division  of  this  Article.  Any  person 
or  firm  engaged  in  the  plumbing  business  in  the  City  of  Balti- 
more, and  the  superintendent,  manager,  agent  or  other  officer 
of  any  corporation,  engaged  in  the  plumbing  business  in  the 
City  of  Baltimore,  who  shall  employ  any  person  to  work  at 
the  plumbing  business  not  qualified  as  required  by  this  sub- 
division of  this  Article  shall  be  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  fined  not  less  than  ten  dollars 
nor  more  than  fifty  dollars  for  every  day  or  part  of  every  day 
that  such  employer  shall  employ  such  workman. 

Singer  v.  State,  72  Md.  464.     Davidson  v.  State,  77  Md.  388.     State  v. 
Knowles,  90  Md.  657. 

1886,  ch.  439.    P.  L.  L.,  (1888)  Art.  4,  sec.  403.     1894,  ch.  609. 

510.  If  any  person  shall  w^ork  at  the  plumbing  business  in 
the  City  of  Baltimore  without  being  qualified  as  required  by 
this  sub-division  of  this  Article  he  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  fined  not 
less  than  five  dollars  nor  more  than  fifty  for  every  day  or  part 
of  every  day  that  such  workman  shall  work  at  the  plumbing 
business. 

Singer  v.  State,  72  Md.  464.    Davidson  v.  State,  77  Md.  388. 

1886,  ch.  439.     P.  L.  L.,  (1888)  Art.  4,  sec.  404. 

511.  The  Governor  shall  appoint  biennially  five  persons,  who 
shall  constitute  a  Board  of  Commissioners,  which  shall  be 
known  and  designated  as  "The  State  Board  of  Commissioners 
of  Practical  Plumbing,"  and  who  shall  be  selected  as  follows: 
Three  persons  who  are  practical  and  skilled  plumbers  from 
the  City  of  Baltimore,  the  Commissioner  of  Health  of  Balti- 
more City,  and  a  member  of  the  State  Board  of  Health,  from 
the  State  at  large,  whose  duty  it  shall  be  to  faithfully  and  im- 
partially execute,  or  cause  to  be  executed,  all  the  provisions 
and  requirements  of  this  and  the  two  preceding  sections ;  upon 
application  and  in  such  manner  and  at  such  place  as  they  may 
determine,  provided  said  place  of  examination  shall  be  within 
the  limits  of  the  City  of  Baltimore,  they  shall  examine  each  and 
every  person  who  shall  desire  to  work  at  the  phiiiihnig  business, 
touching  his  competency  and  qualifications ;  and  upon  being 
satisfied  that  the  person  so  examined  is  competent  and  quali- 
fied to  work  at  said  business,  they,  or  any  three  of  them,  shall 
grant  such  person  a  certificate  of  competency,  and  register  him 
in  their  books  as  a  practical  plimibcr,  which  shall  operate  as 


272 

full  authority  to  him  to  conduct  and  engage  in  the  said  business 

of  plumbing. 

Davidson  v.  State,  77  Md.  388. 

1886,  ch.  439.    P.  L.  L.,  (1888)  Art.  4,  sec.  405. 

512.  The  said  Board  of  Commissioners  shall  demand  and 
receive  from  each  applicant  for  a  certificate  of  competency 
whom  they  examine  and  pass  the  sum  of  three  dollars  at  the 
time  of  the  issuance  of  said  certificate,  and  the  sum  of  one  dollar 
for  the  renewal  thereof  each  and  every  year  thereafter,  on  or 
before  the  first  day  of  May. 

Davidson  v.  State,  77  Md.  388. 

1886,  ch.  439.     P.  L.  L.,   (1888)  Art.  4,  sec.  406. 

513.  The  money  received  under  the  provisions  of  the  fore- 
going section  shall  be  used  and  applied  by  said  Commissioners 
to  defray  their  expenses,  and  all  surplus  over  and  above  their 
necessary  expenses  shall  be  returned  to  the  State  Treasurer 
for  the  use  of  the  State. 

Davidson  v.  State,  77  Md.  388. 

1886,  ch.  439.     P.  L.  L.,   (1888)   Art.  4,  sec.  407.     1894,  ch.  609. 

1904,  ch.  636. 

514.  Said  Commissioners  shall  hold  their  several  offices  for 
the  period  of  two  years,  commencing  from  the  first  day  of  May 
in  the  year  1886,  and  thereafter  until  their  successors  have  been 
appointed  and  qualified;  each  Commissioner,  within  thirty 
days  after  notification  of  his  appointment,  shall  take  and  sub- 
scribe an  oath  or  affirmation  before  the  Clerk  of  the  Superior 
Court  of  Baltimore  City  to  impartially  and  faithfully  discharge 
his  duties  as  Commissioner;  every  person  appointed  Commis- 
sioner who  shall  refuse  or  neglect  to  take  the  oath  or  affirma- 
tion provided  for  in  this  section,  within  the  period  named,  shall 
be  deemed  to  have  refused  said  office,  and  the  Governor  shall 
immediately  appoint  some  person  qualified,  as  provided  in 
section  511  of  this  Article,  to  fill  the  vacancy  thus  created; 
each  of  said  Commissioners  shall  receive  the  sum  of  five  dollars 
for  every  day  that  he  shall  be  present  at  a  meeting  of  said 
Board  for  the  transaction  of  business,  provided,  however,  that 
in  each  year  he  shall  not  receive  compensation  for  more  than 
thirty  days;  and  provided  also,  that  said  compensation  shall 
be  paid  out  of  the  fees  or  other  sums  received  by  said  Board. 

Davidson  v.  State,  77  Md.  388. 


273 

•  1886,  ch.  439.     P.  L,  L.,   (1888)  Art.  4,  sec.  408. 

515.  The  said  Board  of  Commissioners  are  empowered  to 
make  such  rules  and  regulations  from  time  to  time  as  in  their 
judgment  they  may  deem  necessary  and  requisite;  and  they 
shall  make  a  report  of  the  condition  of  the  Board  to  the  Gover- 
nor biennially,  on  or  before  the  first  day  of  February,  with  a 
full  statement  of  their  receipts  and  expenditures. 

HORSESHOEING. 

1898,  ch.  491. 

515a.  It  shall  be  unlawful  for  any  person  to  practice  horse- 
shoeing in  the  City  of  Baltimore  or  in  the  twelfth  district  of 
Baltimore  County,  unless  such  person  has  obtained  a  certificate 
and  has  been  duly  registered  as  hereinafter  provided. 

Board  of  Examiners  of  Tlorseshoers. 

1898,  ch.  491. 

515b.  A  ''Board  of  Examiners  for  Horseshoers"  is  created, 
which  shall  consist  of  five  members,  one  of  whom  shall  be  doing 
business  as  veterinarian  only,  two  master  horseshoers  and  two 
journeymen  horseshoers,  all  doing  business  in  Baltimore  City, 
whose  duty  it  shall  be  to  carry  out  the  purposes  and  enforce 
the  provisions  of  this  Act.  The  members  of  said  Board  shall 
be  appointed  by  the  Governor,  and  the  term  for  which  they  shall 
hold  office  shall  be  for  four  years,  except  that  the  members  of 
said  Board  to  be  first  appointed  under  this  Act  shall  be  desig- 
nated by  the  Governor  to  serve  one  for  two  years,  two  for  three 
years  and  two  for  four  years,  and  unless  removed  by  the  Gov- 
ernor, until  their  successors  are  duly  appointed.  Any  vacancy 
in  said  Board,  for  any  cause,  shall  be  filled  by  the  Governor, 

1898,  ch.  491. 

515c.  Said  Board  shall  meet  in  the  month  of  May  next  after 
the  passage  of  this  Act,  and  organize  by  the  election  of  a  presi- 
dent and  secretary,  and  thereafter  shall  hold  regular  meetings 
in  the  months  of  May  and  November  in  every  year,  and  such 
special  meetings  for  the  examinations  of  persons  desiring  to 
practice  horseshoeing,  as  occasion  may  require ;  that  they  shall 
pass  such  by-laws  and  prescribe  such  rules  and  regulations  as 
may  be  necessary  to  carry  into  effect  the  provisions  of  this  Act ; 
and  said  Board  shall  at  its  first  meeting,  prescribe  and  clearly 
define  the  qualifications  and  tests  necessary  to  obtain  a  certifi- 
cate as  master  or  journeyman  horseshoer.     Printed  copies  of 


274 

such  requirements  shall  be  furnished  to  all  persons  desiring  to 
pass  an  examination  for  said  certificate,  and  any  person  who 
shall,  on  examination  be  found  by  a  majority  of  said  Board  to 
possess  the  said  requirements  so  prescribed,  shall  be  granted  a 
certificate  to  that  effect  on  the  pa^nnent  to  said  Board  of  a 
fee  of  two  dollars ;  and  all  proceedings  of  said  Board  shall  be 
open  to  public  inspection. 

1898,  ch.  491. 

515d.  Any  person  who  has  practiced  as  a  master  or  journey- 
man horseshoer  in  the  City  of  Baltimore  or  the  twelfth  dis- 
trict of  Baltimore  County,  for  three  years  prior  to  the  passage 
of  this  Act,  who  will  file  an  afiidavit  to  that  effect  with  said 
Board,  shall  be  entitled  to  a  certificate  without  examination,  on 
the  payment  of  a  fee  of  twenty-five  cents  to  said  Board ;  or  any- 
one who  has  a  certificate  from  any  duly  constituted  examining 
board  of  the  State  of  Maryland,  or  of  any  other  State,  that  he  is 
a  competent  master  or  journeyman  horseshoer,  on  filing  and 
registering  said  certificate  or  a  copy  thereof  with  said  Board, 
shall  be  entitled  to  a  certificate  from  said  Board  without  an 
examination,  on  payment  of  a  fee  of  two  dollars,  but,  that  after 
the  passage  of  this  Act,  no  person  who  has  not  served  an  ap- 
prenticeship at  horseshoeing  for  a  period  of  three  years  shall 
be  entitled  to  an  examination  for  said  certificate. 

1898,  ch.  491. 

515e.  All  'certificates  issued  by  said  Board  shall  be  signed 
by  its  officers  and  bear  its  seal,  and  the  secretary  of  said  Board 
shall  keep  a  book  in  which  all  certificates  so  issued  and  the 
names  of  the  persons  to  whom  the  same  shall  have  been  issued 
shall  be  duly  registered,  and  a  transcript  from  said  book  of 
registration,  certified  by  the  secretary,  with  the  seal  of  the 
Board,  shall  be  evidence  in  any  court  in  the  State,  and  said 
secretary  shall  furnish  to  any  one  a  copy  of  his  certificate  on  pay- 
ment of  the  sum  of  one  dollar. 

1898,  ch.  491. 

515f.  Any  person  w^ho  shall  violate  any  of  the  provisions 
of  this  Act  shall  be  guilty  of  a  misdemeanor,  and  upon  the 
conviction  thereof  in  any  court  having  criminal  jurisdiction, 
shall  be  fined  not  more  than  twenty-five  dollars  or  be  confined 
in  the  Baltimore  City  jail  or  Baltimore  County  jail,  not  more 
than  one  month,  in  the  discretion  of  the  court.  All  fines  re- 
ceived under  this  Act  shall  be  paid  into  the  common  school 


275 

fund  of  the  City  of  Baltimore,  or  of  Baltimore  County,  if  the 
offence  shall  have  been  committed  in  said  county.  The  pro- 
visions of  this  Act  shall  not  interfere  with  the  right  of  the 
owners  of  horses  to  have  them  shod  at  their  own  shops. 

HOUKS  OF  LABOK  AND  WAGES. 

p.  L.  L.,   (1888)  Art.  4,  sec.  31A.     1898,  cli.  458.     1908,  ch.  85.     1910,  ch. 

94,  sec.  2. 

516.  That  eight  hours  shall  constitute  a  day's  work  for  all 
laborers,  workmen  or  mechanics  who  may  be  employed  by  or  on 
behalf  of  the  Mayor  and  City  Council  of  Baltimore,  except  in 
cases  of  extraordinary  emergency,  which  may  arise  in  time  of 
war  or  in  cases  where  it  may  be  necessary  to  work  more  than 
eight  hours  per  calendar  day  for  the  protection  of  property  or 
human  life ;  provided,  that  in  all  such  cases  the  laborer,  work- 
man or  mechanic  so  employed  and  working  to  exceed  eight  hours 
per  calendar  day  shall  be  paid  on  the  basis  of  eight  hours  con- 
stituting a  day's  work;  provided  further,  that  the  rate  of  per 
diem  wages  paid  to  laborers,  workmen  or  mechanics  employed 
directly  by  the  Mayor  and  City  Council  of  Baltimore  shall  not 
be  less  than  two  dollars  per  diem;  provided  further,  that  not 
less  than  the  current  rate  of  per  diem  wages  in  the  locality 
where  the  work  is  performed  shall  be  paid  to  laborers,  work- 
men or  mechanics  employed  by  contractors  or  sub-contractors  in 
the  execution  of  any  contract  or  contracts,  in  any  public  work 
within  the  City  of  Baltimore. 

1910,  ch.  94,  sec.  3. 

516a.  That  all  contracts  hereafter  made  by  or  on  behalf 
of  the  Mayor  and  City  Council  of  Baltimore  with  any  person 
or  persons  or  corporation,  for  the  performance  of  any  work  with 
the  City  of  Baltimore,  shall  be  deemed  and  considered  as 
made  upon  the  basis  of  eight  hours  constituting  a  day's  work, 
and  it  shall  be  unlawful  for  any  such  person  or  persons  or  cor- 
poration to  require  or  permit  any  laborer,  workman  or  me- 
chanic to  work  more  than  eight  hours  per  calendar  day  in 
doing  such  work,  except  in  the  cases  and  upon  the  conditions 
provided  in  section  2  of  this  Act. 

1910,  ch.  94,  sec.  4. 

516b.  That  any  officer  of  the  Mayor  and  City  Council  of 
Baltimore,  or  any  person  acting  under  or  for  such  officer,  or 
any  contractor  or  sub-contractor  or  other  person  acting  for  thein, 
violating  any  of  the  provisions  of  this  Act,  shall  for  each  and 


276 

every  offense  be  fined  not  less  than  ten  dollars  nor  more  than 
fifty  dollars  for  each  and  every  offense,  one-half  of  such  fine 
to  go  to  the  informer ;  said  fines  to  be  collected  as  other  fines  are 
collected  by  lavr. 

1910,  ch.  94,  sec.  5. 
516c.     That  the  provisions  of  this  Act  should  not  apply  to 
the  employees  of  the  Fire  Department,  Bay  View  Asylum  or 
the  Baltimore  City  Jail. 

HOUSES  OF  KEFUGE  AND  REFORMATION. 

1878,  ch.  267.  1880,  cli.  111.  1880,  ch.  323.  1890,  ch.  61.  1890,  ch.  392. 

P.  L.  L.,  (1888)  Art.  4,  sec.  410.  1902,  ch.  391.  1906,  ch. 

469.    1908,  ch.  246.    1910,  ch.  271.    1912,  ch.  332. 

517.  The  Mayor  and  City  Council  of  Baltimore  may  an- 
nually appropriate  a  sufiicient  sum  of  money  to  pay  for  the  sup- 
port and  maintenance  of  each  minor  committed  from  the  City 
of  Baltimore  by  legal  process,  not  exceeding  $120.00  per  an- 
num for  each  minor  so  committed  to  the  following  reforma- 
tories :  Maryland  School  for  Boys,  St.  Mary's  Industrial 
School,  Colored  House  of  Reformation,  House  of  Good  Shep- 
herd for  Colored  Girls,  Industrial  Home  for  Colored  Girls, 
and  to  any  other  reformatories  to  which  such  minors  may  be 
so  committed;  and  may  appropriate  in  conformity  with  the 
requirements  of  sections  105-107  of  this  Article  annually,  a 
sum  of  money  not  exceeding  five  thousand  dollars  ($5,000) 
to  the  Boys'  Home  Society  of  Baltimore  City,  and  annually 
a  sum  of  money  not  exceeding  ten  thousand  dollars  ($10,000) 
to  the  Female  House  of  Refuge;  and  St.  Vincent's  Male  Or- 
phan Asylum  of  Baltimore  City  any  sum  now  due  said  institu- 
tion for  care  of  destitute  or  other  minors  committed  by  the 
Court  or  other  police  magistrates  to  its  care,  or  who  may  here- 
after be  committed,  not  exceeding  the  sum  of  ten  thousand  dol- 
lars per  year,  and  the  said  Mayor  and  City  Council  of  Balti- 
more are  further  authorized  and  empowered  to  appropriate 
for  repairs,  permanent  improvements  and  additions  to  the 
buildings  and  grounds  now  used  or  hereafter  to  be  used  by  the 
Maryland  School  for  Boys  and  its  successors,  an  additional  sum 
or  sums  of  money  as  in  their  judgment  shall  from  time  to  time 
be  required  for  those  purposes. 

The  Female  House  of  Refuge  stands  in  loco  parentis  to  the  inmates 
thereof.     As  to  rights  of  such  inmates,  see. 

Cole  V.  Female  House  of  Refuge,  Daily  Record,  December  20,  1895. 

Funds  of  CharitaUe  Institutions:  Are  not  liable  to  the  payment  of 
damages,  being  regarded  as  trust  funds,  and  as  such  not  liable  in  an 
action  for  damages. 


277 

Turner  v.  Baltimore  Huiuaue  aud  Impartial  Society,  Daily  Record, 
December  17,  1901. 

The  Act  1906,  ch.  146,  appropriated  $50,000  for  the  improvement  of 
a  tract  of  laud  near  Loch  Kaveu,  Baltimore  County,  by  the  erection  of 
additional  buildings  for  the  House  of  Refuge  and  the  equipment  of 
same.  The  Act  1906,  ch.  522,  appropriated  a  similar  sum  for  a  like 
pui'pose  to  St.  Mary's  Industrial  School. 

1908,  ch.  132. 

517A.  The  Major  and  City  Council  of  Baltimore  are  further 
authorized  and  empowered  to  appropriate  for  repairs,  perma- 
nent improvements  and  additions  to  the  buildings  and  grounds 
now  used  or  hereafter  to  be  used  by  the  Female  House  of 
Refuge  and  its  successor  such  additional  sum  or  sums  of  money 
as  in  their  judgment  shall  from  time  to  time  be  required  for 
those  purposes. 

1908,  ch.  499. 

517B.  The  Mayor  and  City  Council  of  Baltimore  are  further 
authorized  and  empowered  to  appropriate  for  repairs,  perma- 
nent improvements  and  additions  to  the  buildings  and  grounds 
now  used  or  hereafter  to  be  used  by  the  Saint  Mary's  Industrial 
School  for  Boys  of  the  City  of  Baltimore  and  its  successors,  such 
additional  sum  or  sums  of  money  as  in  their  judgment  shall 
from  time  to  time  be  required  for  those  purposes. 

1910,  ch.  169. 

517C.  The  Mayor  and  City  Council  of  Baltimore  are  further 
authorized  and  empowered  to  appropriate  for  the  furtherance 
and  support  of  the  prison  reform  and  relief  work  of  the  Pris- 
oners' Aid  Association  of  Maryland  such  sum  or  suras  ot  money 
not  exceeding  the  sum  of  live  thousand  dollars  per  annum,  as 
in  their  judgxaent  shall  from  time  to  time  be  required  for  those 
purposes. 

1914,  ch.  520. 

517C.  The  Mayor  and  City  Council  of  Baltimore  are 
further  authorized  and  empowered  to  appropriate  for  repairs, 
permanent  improvements  and  additions  to  the  buildings  and 
grounds  now  used  or  hereafter  to  be  used  by  the  IsTational  Junior 
Republic,  and  its  successors,  such  additional  sum  or  sums  of 
money  as  in  their  judgment  shall  from  time  to  time  be  re(iuircd 
for  those  purposes;  and  the  Mayor  and  City  Council  of  Balti- 
more are  further  authorized  and  empowered  to  pay  to  tlie  iVa- 
tional  Junior  Republic  the  sum  of  $500,  carried  forward  on  the 
books  of  the  Comptroller  of  Baltimore  City  to  the  credit  of  tlio 
National  Junior  Republic  from  the  appropriation  in  the  Ordi- 


278 

nance  of  Estimates  for  the  .year  1912  and  a  like  sum  of  $500, 
carried  forward  on  the  books  of  the  Comptroller  of  Baltimore 
City  from  the  appropriation  to  the  N^ational  Junior  Republic 
in  the  Ordinance  of  Estimates  for  the  year  1913,  making  a 
total  of  $1,000,  the  said  $1,000  being  carried  forward  to  be  paid 
to  the  National  Junior  Republic  for  repairs,  permanent  im- 
provements and  additions  to  its  buildings  and  grounds,  subject 
to  ratification  by  the  General  Assembly  of  Maryland. 

190S,  ch.  458. 
517d.  That  the  Mayor  and  City  Council  of  Baltimore  City 
are  hereby  authorized  and  empowered  to  appropriate  annually 
towards  the  current  expenses  of  "The  Home  for  Fallen  Women 
of  Baltimore  City,"  any  sum  or  sums  of  money,  not  exceeding 
fifteen  hundred  dollars  per  annum, 

1908,  ch.  474. 
517e.  That  the  Mayor  and  City  Council  of  Baltimore  City 
are  hereby  authorized  and  empowered  to  appropriate  annually 
towards  the  current  expenses  of  "The  Florence  Crittenden 
Mission  of  Baltimore  City"  any  sum  or  sums  of  money  not 
exceeding  fifteen   hundred   dollars   per   annum. 

1912,  ch.  356. 
517f.  That  all  legacies  now  existing  or  hereafter  given  by 
persons  dying,  after  the  date  of  this  act,  and  all  appropriations 
made  or  hereafter  to  be  made  by  the  General  Assembly  of  Mary- 
land, or  by  the  Mayor  and  City  Council  of  Baltimore,  and 
intended  for  The  Exeter  Street  Rescue  Home  for  Women,  but 
given  or  made  by  its  former  name  of  The  Home  for  Fallen 
Women  of  Baltimore  City  instead  of  its  present  name,  shall 
remain  and  inure  to  the  benefit  of  The  Exeter  Street  Rescue 
Home  for  Women. 

1878,  ch.  442.    P.  L.  L.,   (1888)  Art.  4,  sec.  411. 

518.  The  Judge  of  the  Criminal  Court  of  Baltimore,  the 
President  of  the  Board  of  Police  Commissioners,  and  the 
Marshal  of  the  Police  of  the  City  of  Baltimore,  shall,  at  such 
times  as  they  may  think  proper,  visit  and  inspect  the  House 
of  Good  Shepherd. 

IMMIGRANTS. 

1832,  ch.  203.     1833,  ch.  177.     1834,  ch.  34.     1841,  ch.  174.     1839,  ch.  46. 
P.  L.  L.,   (1860)  Art.  4,  sec.  250.     P.  L.  L.,   (1888)   Art.  4,  sec.  412. 

519.  The  master  or  commander  of  any  vessel  arriving  from 
a  foreign  country  or  from  any  other  of  the  United  States,  who 


I  I 


279 

shall  enter  said  vessel  at  the  custom  house  in  the  City  of  Balti- 
more, shall  within  twenty-four  hours  after  such  entry,  make  a 
report  in  writing  on  oath  to  the  Mayor  of  said  city,  of  the 
name,  age  and  occupation  of  every  alien  who  shall  have  been 
brought  or  carried  as  passenger  in  such  vessel  on  that  voyage, 
upon  pain  of  forfeiture,  for  every  neglect  or  omission  to  make 
such  report,  of  the  sum  of  twenty  dollars  for  every  such  passen- 
ger neglected  or  omitted  to  be  so  reported. 
See  note,  Baltimore  City  Code  (1879),  page  471. 

P.  L.  L.,   (18G0)  Art.  4,  sec.  251.     P.  L.  L.,   (1888)  Art.  4,  sec.  413. 

520.  The  Mayor,  or  other  person  discharging  the  duties  of 
his  office,  shall  require  the  owner  or  consignee  of  every  vessel 
arriving  from  a  foreign  country,  or  from  any  other  of  the  United 
States,  which  shall  be  entered  in  said  custom-house,  upon  pain 
of  forfeiture  to  the  Mayor  and  City  Council  of  Baltimore,  of 
twenty  dollars  for  every  neglect  or  omission  to  give  a  several 
bond  to  the  State  of  Maryland  in  the  penalty  of  three  hundred 
dollars,  for  each  passenger  included  in  the  report  of  the  master 
or  commander  of  such  vessel  directed  to  be  made  by  the  pre- 
ceding section,  and  conditioned  to  indemnify  and  save  harm- 
less each  and  every  city,  town  and  county  in  this  State,  from  any 
cost  which  such  city,  town  or  county  shall  incur,  for  the  relief  or 
support  of  the  person  named  in  the  bond,  within  five  years  from 
the  date  of  the  bond,  and  also  to  indemnify  and  refund  any 
charge  or  expense  such  city,  town  or  county  may  necessarily 
incur  for  the  support  or  medical  care  of  the  person  named 
therein,  if  received  into  the  almshouse  or  hospital  or  any  other 
institution  under  their  care. 

P.  L.  L.,   (I860)   Art.  4,  sec.  252.     P.  L.  L.,   (1888)   Art.  4,  sec.  414. 

521.  Every  such  bond  shall  be  signed  by  two  or  more  suffi- 
cient .securities,  residents  of  the  State  of  Maryland,  each  of 
whom  shall  prove,  by  oath  or  otherwise,  that  he  is  owner  of  a 
freehold  in  said  State  of  the  value  of  three  hundred  dollars 
over  and  above  all  claims  or  liens  thereon  or  against  him,  in- 
cluding any  contingent  claim  which  may  accrue  from  or  upon 
any  former  bond  given  under  the  provisions  of  this  sub-division 
of  this  Article. 

p.  L.  L.,   (1860)   Art.  4,  sec.  258.     P.  L.  L.,   (IRSS)   Art.  4,  sec.  415. 

522.  If  the  principal  in  said  bond  choose,  instead  of  tlie 
sc(;ui-ity  required  in  the  preceding  sections,  ho  may  secure  said 
b(jnd  by  mortgage  of  real  estate,  or  by  the  pledge  and  transfer  of 


280 

public  stock  of  the  United  States,  or  of  the  State  of  Maryland, 
or  of  the  City  of  Baltimore,  or  by  deposit  of  the  amount  of  the 
penalty  in  some  bank,  subject  to  the  order  of  the  Mayor  of  the 
city. 

P.  L.  L.,   (I860)   Art.  4,  sec.  254.     P.  L.  L.,   (1888)   Art.  4,  sec.  416. 

523.  Any  security,  whether  real  or  personal,  offered  by  such 
owner  or  consignee,  shall  first  be  approved  by  the  Mayor  of 
the  city. 

P.  L.  L.,   (1860)  Art.  4,  sec.  255.     P.  L.  L.,   (1888)  Art.  4,  sec.  417. 

524.  The  owner  or  consignee  of  any  vessel  may  at  any 
time  within  three  days  after  the  landing  of  such  passengers, 
commute  for  the  bond  hereinbefore  required,  by  paying  to  the 
City  Register  the  sum  of  one  dollar  and  fifty  cents  for  each 
and  every  passenger  reported  as  hereinbefore  required  by  this 
sub-division  of  this  Article,  and  the  receipt  of  such  sum  by  the 
City  Register  shall  be  deemed  a  full  and  sufficient  discharge 
from  the  requirement  of  giving  such  bond. 

P.  L.  L.,   (1860)  Art.  4,  sec.  256.     P.  L.  L.,   (1888)   Art.  4,  sec.  418. 

525.  If  any  alien  passenger  in  such  vessel  shall  be  suffered 
to  land  therefrom  at  any  place  within  the  distance  of  fifty  miles 
from  said  city,  with  the  intent  to  proceed  thereto  otherwise 
than  in  said  vessel,  the  master  or  commander  thereof  shall  for- 
feit and  pay  for  every  such  person  the  sum  of  one  hundred  dol- 
lars, unless  within  forty-eight  hours  after  the  entry  of  the  vessel, 
the  owner  or  consignee  shall  give  bonds  or  pay  the  commutation 
money  aforesaid. 

P.  L.  L.,   (1860)   Art.  4,  sec.  257.     P.  L.  L.,   (1888)  Art.  4,  sec.  419. 

526.  All  or  any  of  the  said  penalties  and  forfeitures,  as  well 
as  the  said  commutation  money,  may  be  sued  for  in  the  name 
of  the  Mayor  and  City  Council  of  Baltimore,  before  any  Justice 
of  the  Peace,  in  the  same  manner  and  subject  to  the  same  rules 
and  process,  and  the  right  of  appeal  as  provided  in  cases  of 
small  debts. 

P.  L.  L.,   (1860)  Art.  4,  sec.  258.     P.  L.  L.,   (1888)   Art.  4,  sec.  420. 

527.  '  The  Mayor  may  compound  for  or  remit  the  said  penal- 
ties and  forfeitures,  and  payments  and  recoveries,  or  any  of 
them,  either  before  or  after  suing  for  the  same,  upon  such 
terms  as  the  circumstances  of  the  case  may  in  his  judgment 
require. 


281 

P.  L.  L.,   (1860)  Art.  4,  sec.  259.     P.  L.  L.,   (1888)  Art.  4,  sec.  421. 

528.  The  Mayor  and  Register  shall  pay  over  to  the  Super- 
visors of  City  Charities,  semi-annually,  three-fifths  of  all  sums 
of  money  arising  from  commutation  by  owners  or  consignees 
of  vessels  as  aforesaid,  which  shall  be  appropriated  by  said  trus- 
tees to  the  use  of  the  City  of  Baltimore,  for  the  purpose  of 
supporting  the  foreign  paupers  of  the  said  city,  and  the  re- 
maining two-fifths  shall  be  paid  to  the  Hibernian  Society  of 
Baltimore,  and  the  German  Society  of  Maryland,  in  the  pro- 
portions mentioned  in  the  next  succeeding  section. 

P.  L.  L.,   (1860)  Art.  4,  sec.  260.     P.  L.  L.,   (1888)   Art.  4,  sec.  422. 

529.  All  money  received  by  the  Mayor  or  Register  for  penal- 
ties and  forfeitures  imposed  by  this  sub-division  of  this  Article 
shall  be  distributed  and  paid  by  the  Mayor  and  City  Council 
as  follows :  two-fifths  thereof  to  the  German  Society  of  Mary- 
land, and  the  Hibernian  Society  of  Baltimore  to  be  divided 
between  them  as  follows:  to  the  German  Society  in  propor- 
tion to  the  amount  received  from  and  on  account  of  German 
and  Swiss  passengers,  and  to  the  Hibernian  Society  in  propor- 
tion to  the  amount  received  from  and  on  account  of  Irish  pas- 
sengers ;  and  the  remaining  three-fifths  to  the  Supervisors  of 
City  Charities. 

P.  L.  L.,   (1860)   Art.  4,  sec.  261.     P.  L.  L.,   (1888)  Art.  4,  sec.  423. 

530.  The  City  Register  shall  be  entitled  to  two  per  centum 
upon  the  amount  of  money  collected  under  this  sub-division 
of  this  Article. 

P.  L.  L.,   (1860)   Art.  4,  sec.  262.     P.  L.  L.,   (1888)   Art.  4,  sec.  424. 

531.  Nothing  contained  in  the  twelve  next  preceding  sections 
shall  be  deemed  to  extend  to  any  ambassadors,  ministers,  consuls 
or  agents  of  foreign  governments  arriving  as  passengers  in  the 
port  of  Baltimore. 

INSPECTIONS,  WEIGHTS  AND  MEASURES. 

Barrels. 

1890,  ch.  .",32,  sec.  1.     P.  G.  L.,    (1904)    Art.  97,  sec.  27.     1906,  cli.  331. 

532.  The  standard  barrel  for  the  measurement  of  all  green 
peas  or  beans  in  the  hull,  which  are  sold  by  the  bushel,  shall  be 
of  the  following  dimensions,  namely:  diameter  of  said  barrel 
at  the  top  shall  be  eighteen  and  three-fourths  inches  inside  the 
staves;  the  diameter  at  the  bottom  inside  the  staves  sliall  be  six- 
teen and  oiio-fonrtli  inclics;  and  the  deptli  of  said  barrel  shall 


282 

be  twenty-six  inches  inside;  and  to  contain  in  all  six  thousand 
two  hundred  and  fifty-three  and  three-fourths  cubic  inches,  meas- 
urement by  said  barrel  to  be  struck  measure. 

1890,  ch.  332,  sec.  2.     1892,  ch.  486.     P.  G.  L.,    (1904)    Art.  97,  sec.  27. 

1906,  ch.  331. 

533.  The  dimensions  of  any  barrel  so  used  shall  be  stamped 
by  the  inspector  of  weights  and  dry  measures  of  the  City  of 
Baltimore  upon  the  same,  in  three  conspicuous  places,  and  any 
person  using  a  barrel  for  the  measurement  of  peas,  beans  and 
like  farm  products  when  sold  by  the  bushel,  without  being  so 
stamped,  shall  be  fined  not  less  than  one  hundred  dollars,  or 
more  than  five  hundred  dollars ;  said  fine  to  be  collected  as  other 
fines  are  now  collected. 

Note  provisions  of  Act,  1906,  ch.  331. 

1892,  ch.  486. 

534.  It  shall  be  the  duty  of  said  Inspector  of  Weights  and 
Measures  and  any  measurer  of  the  City  of  Baltimore,  from  time 
to  time  to  inspect  the  barrels  used  for  the  measurement  of  said 
peas,  beans  and  other  farm  products,  and  to  see  that  the  pro- 
visions of  this  sub-division  of  this  Article  are  complied  with ; 
and  upon  the  conviction  of  any  person  or  corporation  under  the 
provisions  of  this  sub-division  of  this  Article,  one-half  of  the 
fine  imposed  shall  be  paid  to  said  Inspector  of  Weights  and 
Measures  of  the  City  of  Baltimore. 

COAL. 

1880,  ch.  382.     P.  L.  L.,   (1888)  Art.  4,  sec.  428.     1912,  ch.  838. 

535.  Every  person,  firm  or  corporation  dealing  in  or  selling 
mineral  coal  or  coke  within  the  City  of  Baltimore,  and  every 
person,  firm  or  corporation  owning,  occupying,  leasing  or  main- 
taining yards  or  wharves  used  for  the  sale,  storage  or  handling  of 
coal  or  coke  in  said  city,  shall  maintain  scales  of  suitable 
capacity  within  or  adjacent  to  said  yards  or  wharves.  Any 
violation  of  the  provisions  of  this  section  shall  be  a  misdemeanor 
and  shall  be  punishable  by  a  fine  of  not  more  than  $10.00  for 
each  and  every  day  that  said  violation  shall  continue. 

1880,  ch.  382.     P.  L.  L.,   (1888)   Art.  4,  sec.  429.     1912,  ch.  838. 

536.  Every  person,  firm  or  corporation  dealing  in  or  selling 
mineral  coal  or  coke  within  the  City  of  Baltimore  shall  cause  all 
coal  or  coke  so  sold  to  be  weighed  upon  the  scales  maintained  in 
accordance  with  the  provisions  of  the  preceding  section.     Any 


283 

violation  of  the  provisions  of  this  section  shall  be  a  misdemeanor 
and  shall  be  punishable  by  a  fine  not  exceeding  $25.00  for  each 
and  every  cart,  wagon  or  other  load  of  said  coal  or  coke  sold 
without  such  weighing. 

ISSO,  ch.  382.     p.  L.  L.,   (1888)  Art.  4,  sec.  430.     1912,  ch.  838. 

537.  It  shall  be  the  duty  of  any  police  officer  of  Baltimore 
City  on  demand  of  the  purchaser  made  prior  to  the  unloading 
of  the  cart,  wagon  or  other  vehicle  in  which  coal  or  coke  is  de- 
livered to  said  purchaser,  or  whenever  such  police  officer  has 
reason  to  believe  that  any  cart,  wagon  or  other  vehicle  containing 
coal  or  coke  contains  a  less  weight  than  that  stated  upon  the 
card  or  ticket  hereinafter  in  the  next  succeeding  section  pro- 
vided for,  to  take  such  cart,  wagon  or  other  vehicle  to  the 
nearest  or  most  convenient  State,  city  or  available  private  scale 
and  have  it  weighed ;  and  it  shall  be  the  duty  of  the  party  so 
weighing  to  give  a  written  certificate  of  the  weight.  No  addi- 
tional charge  shall  be  made  for  hauling  coal  or  coke  to  any  scales 
to  be  weighed.  Any  violation  of  the  provisions  of  this  section 
and  any  refusal  of  any  driver  or  owner  of  any  cart,  wagon  or 
other  vehicle  to  take  such  cart  or  other  vehicle  to  such  scales  to 
be  weighed  as  aforesaid,  and  any  delivery  or  attempt  to  deliver 
a  weight  of  coal  or  coke  less  than  that  indicated  upon  the  face  of 
the  card  or  ticket  hereinafter  in  the  next  succeeding  section 
provided  for  shall  be  a  misdemeanor,  and  shall  be  punishable  by 
a  fine  not  exceeding  the  sum  of  $50.00  for  each  and  every 
offense;  provided,  however,  that  in  all  weighings  made  under 
the  provisions  of  this  section,  three  per  centum  of  the  net  weight 
shall  be  allowed  for  variation  of  scales,  and  provided  further 
that  whenever  such  weighing  is  made  upon  a  private  scale,  and 
said  load  is  found  to  be  under  weight,  the  seller  of  such  coal  or 
coke  shall  be  notified  before  said  load  is  dumped,  and  shall  have 
the  right  to  demand  that  said  coal  or  coke  shall  be  reweighed 
upon  a  State  or  city  scale. 

1880,  ch.  382.     P.  L.  L.,  (1888)  Art.  4,  sec.  431.     1900,  ch.  524. 

1912,  ch.  838. 

538.  It  shall  be  the  duty  of  every  seller  of  coal  or  coke  to 
send  with  each  and  every  load  of  coal  or  coke  sold  by  him  a  card 
or  ticket  which  shall  indicate  on  its  face  in  plain  characters  the 
seller's  name,  the  date,  the  weight  of  coal  or  coke  contained  in 
the  cart,  wagon  or  other  vehicle  in  which  it  is  beiug  transported, 
and  any  violation  of  the  provisions  of  this  section  on  the  part  of 
any  seller  of  coal  or  coke  shall  be  a  misdemeanor  and  punishable 
by  a  fine  of  not  more  than  $10,00  for  each  and  every  offense. 


284 

1880,  ch.  382.     1912,  ch.  838. 

539.  A  compensation  of  twenty-five  cents  shall  be  paid  per 
ton  to  the  parties  weighing  the  coal  or  coke  under  the  foregoing 
sections,  said  sum  for  weighing  to  he  paid  by  the  seller  if  the 
coal  or  coke  is  deficient  in  weight,  otherwise  to  be  paid  by  the 
purchaser ;  if  said  coal  is  ordered  weighed  by  a  policeman,  and 
there  be  found  no  deficiency,  the  cost  of  weighing  shall  be  paid 
by  the  Comptroller  of  Baltimore  City. 

1900,  ch.  650.     1912,  ch.  838. 

539A.  The  Board  of  Police  Commissioners  shall  from  time 
to  time  detail  police  ofiicers  for  such  time  and  in  such  number, 
not  exceeding  one  for  each  of  the  eight  districts  of  the  City  of 
Baltimore,  as  the  marshal  of  police  shall  deem  necessary.  Such 
policemen  shall  be  charged  with  the  duty  of  enforcing  the  pro- 
visions of  this  sub-division  for  the  benefit  of  the  public,  and 
specially  watching  the  delivery  of  mineral  coal  or  coke  by  carts, 
wagons  or  other  vehicles,  and  shall  be  empowered  with  authority 
to  weigh  any  cart,  wagon  or  other  vehicle  loaded  with  coal  or 
coke  at  any  time  he  may  elect  to  do  so. 

1880,  ch.  382.     P.  L.  L.,   (1888)  Art.  4,  see.  433.     1912,  ch.  838. 

540.  The  provisions  of  this  sub-division  of  this  Article  shall 
not  apply  to  the  sale  of  coal  or  coke  by  the  single  bushel,  half- 
bushel  or  peck,  nor  to  sales  of  coal  or  coke  by  manifest  weight 
in  car  or  cargo  lots.  All  penalties  provided  for  in  this  sub- 
division of  this  Article  when  recovered  shall  be  paid  to  the 
Comptroller  of  Baltimore  City. 

GAS  METEKS. 

1876,  ch.  356.     P.  L.  L.,  (1888)  Art.  4,  sec.  434. 

541.  It  shall  be  the  duty  of  every  gas  company  manufactur- 
ing, furnishing  and  selling  gas  in  the  City  of  Baltimore,  to  place 
upon  the  premises  of  every  consumer  using  gas,  a  correct  appa- 
ratus or  meter  for  registering  the  consumption  of  the  same,  and 
it  shall  be  the  duty  of  the  company  to  see  that  said  apparatus  or 
meter  is  kept  in  proper  working  order  and  condition. 

Blondell  v.  Consold.  Gas  Co.,  89  Md.  744. 

1876,  ch.  356.    P.  L.  L.,   (1888)  Art.  4,  sec.  435. 

542.  It  shall  not  be  lawful  for  said  company,  under  any 
circumstances,  to  charge  or  collect  for  any  greater  amount  of  gas 
than  is  registered  by  said  apparatus  or  meter. 


285 

1876,  ch.  356.     P.  L.  L.,   (1SS8)  Art.  4,  sec.  4.36. 

543.  Any  consumer  may,  at  any  time,  cause  said  apparatus 
or  meter  to  be  tested  by  tlie  Superintendent  of  Lamps  and  Light- 
ing or  one  of  his  assistants,  who  shall  make  said  test  in  the 
presence  of  the  consumer  and  of  an  agent  of  the  gas  company, 
by  which  the  gas  may  be  supplied,  if  desired,  and  shall  furnish 
to  the  consimier  a  certificate  under  oath  of  the  true  condition  and 
working  of  said  apparatus  or  meter;  and  if  it  shall  be  found, 
upon  any  such  test,  that  said  apparatus  or  meter  is  registering 
gas  in  favor  of  said  company,  then,  in  the  absence  of  any  fraud 
upon  the  part  of  the  consumer,  the  said  company  shall  refund  to 
the  consumer  an  amount  in  lawful  money  equal  to  the  percentage 
that  the  said  apparatus  or  meter  has  been  registering  too  fast, 
upon  the  bills  of  said  consumer,  registered  by  said  apparatus  or 
meter,  for  the  four  months  next  preceding  the  said  test,  unless 
the  said  company  can  prove  that  such  inspection  and  certificate 
do  not  show  the  correct  result ;  and  in  case  such  refunding  does 
take  place,  the  said  company  shall  also  pay  the  expenses  incurred 
in  making  said  test. 

GAUGEKS  OF  CASKS  AISTD  LIQUOKS. 

1872,  ch.  264,  sec.  1.    P.  L.  L.,  (1888)  Art.  4,  sec.  437. 

544.  Any  citizen  of  the  State  of  Maryland,  on  application  to 
the  Clerk  of  the  Court  of  Common  Pleas  in  the  City  of  Balti- 
more, and  on  paying  one  hundred  dollars  to  the  said  clerk,  shall 
be  entitled  to  receive  a  license  to  act  as  ganger  of  casks  and 
liquors,  for  the  term  of  one  year  from  the  date  thereof.  The 
person  applying  for  said  license  shall,  at  the  time  of  receiving 
the  same,  take  and  subscribe  before  said  clerk,  an  oath  that  he 
will  honestly  and  faithfully  discharge  the  duties  of  said  office. 

1872,  ch.  264,  sec.  2.    P.  L.  L.,  (1888)  Art.  4,  sec.  438. 

545.  No  person  engaged  in  vending  or  trading  in  or  manu- 
facturing casks  or  liquors  individually,  or  as  a  partner,  or  as 
agent,  clerk  or  employee  of  a  trader,  vender  or  manufacturer  of 
said  articles,  or  either  of  them,  or  any  commissioned  officer,  shall 
be  licensed  to  act  as  ganger  of  casks  and  liquids. 

1872,  ch.  264,  sec.  3.     P.  L.  L.,  (1S8S)  Art.  4,  sec.  439. 

546.  Any  person  may  sell,  export  or  otherwise  dispose  of  any 
foreign  or  domestic  liquors  in  casks,  without  having  the  same 
gauged  by  a  licensed  gauger,  but  in  cases  of  difference  between 
the  buyer  and  scllor  iis  to  the  quantity,  either  party  may  call  in  a 
gauger,  and  his  judgment  shall  bind  the  parties. 


286 

1872,  ch.  264,  sec.  4.    P.  L.  L.,  (1888)  Art.  4,  sec.  440. 

547.  The  gangers  shall  procure  and  use  a  correct  set  of 
gauging  instruments,  and  as  soon  as  they  have  ascertained  the 
capacity  of  any  cask  they  shall  distinctly  mark  with  marking 
irons  the  capacity  on  the  bilge  near  the  bung,  and  prefix  the 
letter  M.,  for  the  State  of  Maryland,  and  the  first  letter  of  the 
surname  of  the  ganger  who  does  the  gauging;  and  any  cask 
containing  such  liquor,  to  be  merchantable,  must  be  round  at 
the  bilge  and  heads,  the  staves  thereof  to  be  seasoned  white  oak, 
free  from  any  injurious  portion  of  sap-wood,  and  not  less  than 
half  an  inch  thick  at  the  thinest  part,  and  not  more  than 
three-quarters  of  an  inch  at  the  thickest  part,  and  to  be  tight  and 
secured  with  a  sufiicient  number  of  good  hoops ;  if  of  iron,  six ; 
and  if  of  wood,  not  less  than  twelve ;  and  at  least  not  less  than 
twelve  on  all  double  barrels  and  hogsheads ;  and  if  any  cask  con- 
taining such  liquor  shall  be  found  deficient  in  any  of  these 
respects  by  said  ganger,  he  shall  direct  it  to  be  coopered,  or  other 
casks  substituted  therefor,  at  the  expense  of  the  owner  or  seller ; 
and  if  any  such  cask  shall  be  fraudulently  made,  the  owner  or 
seller  thereof,  or  his  agent,  shall  forfeit  the  cask  to  the  use  of 
the  State. 

1872,  ch.  264,  sec.  5.    P.  L.  L.,  (1888)  Art.  4,  sec.  441. 

548.  The  said  gangers,  in  order  to  ascertain  the  capacity  of 
casks,  shall  conform  to  the  Baltimore  standard  of  wine  measure ; 
and  if  any  cask  or  vessel  gauged  or  marked  by  said  ganger  shall 
in  its  capacity  be  found  lacking  or  exceeding  one  or  more  gallons 
in  a  cask  of  a  larger  size,  the  gauger  shall  forfeit  and  pay  two 
dollars  for  each  gallon  so  lacking  or  exceeding  the  number  of 
gallons  marked  by  him  on  the  cask. 

1872,  eh.  264,  sec.  6.     P.  L.  L.,  (1888)  Art.  4,  sec.  442. 

549.  If  any  person  shall  alter  any  mark,  or  number  marked 
or  set  down  by  any  gauger,  thereby  to  deceive  and  defraud  the 
purchaser  of  distilled  spirits,  wine,  molasses  or  other  liquid 
merchandise  so  gauged  and  marked,  or  shall  put  any  false  mark 
or  number  on  said  cask,  or  upon  any  certificate  intended  to  coun- 
terfeit the  mark  or  number  of  the  gauger,  he  shall  forfeit  and 
pay  twenty  dollars  for  every  offence,  one-half  to  the  informer 
and  the  other  half  to  the  use  of  the  State. 

1872,  ch.  264,  sec.  7.     P.  L.  L.,  (1888)  Art.  4,  sec.  443. 

550.  Every  gauger  so  licensed  shall  be  entitled  to  demand 
and  receive  from  the  person  at  whose  request  he  shall  gauge  any 


287 

cask,  the  following  fees,  to  wit :  For  gauging  casks  not  exceeding 
forty  gallons,  ten  cents  per  cask ;  for  casks  of  larger  size,  fifteen 
cents. 

1872,  ch.  264,  sec.  8.     P.  L.  L.,  (1888)  Art.  4,  sec.  444. 

551.  Any  person  not  being  properly  licensed,  who  shall  act 
as  ganger,  or  being  so  licensed  shall  act  as  said  ganger  outside 
the  limits  of  the  said  city,  shall  forfeit  and  pay  to  the  Sheriff  of 
the  city  the  sum  of  three  hundred  dollars ;  said  penalty  to  be 
imposed  as  a  fine  by  the  Criminal  Court,  on  presentment  and 
indictment  by  the  Grand  Jury  and  conviction  in  due  course  of 
law,  and  one-third  of  the  penalty  shall  be  paid  by  the  Sheriff  to 
the  informer,  and  the  residue  shall  be  accounted  for  by  the 
Sheriff  to  the  treasury  as  other  fines ;  if  any  person  so  licensed 
shall  be  guilty  of  a  fraud  by  reason  of  collusion  with  any  parties, 
he  shall  be  deemed  guilty  of  misdemeanor,  and  shall,  on  present- 
ment and  indictment  therefor,  and  conviction  thereof,  forfeit 
and  pay  a  fine  of  not  less  than  five  hundred  dollars  or  more  than 
one  thousand  dollars  for  every  such  offence,  or  be  imprisoned,  in 
the  discretion  of  the  court,  for  a  time  not  exceeding  three  years, 
or  both,  and  shall  also  be  liable  in  damages  at  the  suit  of  the 
party  aggrieved. 

HAY  AN^D  STKAW. 

p.  L.  L.,    (1860)   Art.  4,  sec.  410.     1864,  ch.  339.     1867,  ch.  381. 
P.  L.  L.,    (1888)   Art.  4,  sec.  470. 

552.  The  Governor,  by  and  with  the  advice  and  consent  of 
the  Senate,  shall  biennially  appoint  four  inspectors  of  hay  and 
straw  for  the  City  of  Baltimore. 

P.  L.  L.,   (1860)   Art.  4,  sec.  411.     P.  L.  L.,   (1888)   Art.  4,  sec.  471. 

553.  Each  of  said  inspectors  shall  give  bond  to  the  State  of 
Maryland,  in  the  sum  of  two  thousand  dollars,  for  the  true  and 
faithful  performance  of  the  duties  of  his  office. 

P.  L.  L.,    (1860)   Art.  4,  sec.  412.     1861,  ch.  35.     1867,  ch.  381. 
P.  L.  L.,  (1888)  Art.  4,  sec.  472.    1896,  ch.  375. 

554.  All  hay  and  straw  brought  to  the  City  of  Baltimore 
may  be  weighed  at  the  State  hay  scales  as  now  established  by 
law,  by  one  of  the  inspectors,  at  the  rate  of  one  hundred  pounds 
to  the  hundredweight,  making  a  reasonable  allowance  for  the 
moisture  thereof,  as  well  as  the  mud  or  other  substance  attached 
to  the  wagon,  cart  or  sled  containing  the  same. 


288 

P.  L.  L.,   (1860)   Art.  4,  sec.  415.     P.  L.  L.,   (18SS)   Art.  4,  sec.  474. 

1896,  ch.  375. 

555.  The  inspector  shall  give  a  certificate  of  every  load  of 
hay  or  straw  weighed  by  him,  stating  the  gross  and  net  weight 
of  such  straw  or  hay,  and  wagon,  cart  or  sled. 

P.  L.  L.,    (1860)   Art.  4,  sec.  413.     1882,  ch.  130. 
P.  L.  L.,    (1888)    Art.  4,  sec.  473. 

556.  The  said  inspector  shall  be  entitled  to  demand  and  re- 
ceive for  each  and  every  load  of  hay  and  straw  inspected  by  him, 
of  whatever  weight,  one  cent  per  hundredweight ;  and  for  weigh- 
ing hemps,  cable,  anchors,  dye-woods,  barks,  etc.,  two  cents  per 
hundred  pounds;  and  for  inspecting  and  weighing  corn  in  the 
ear  and  corn  husks,  one  cent  per  hundred  pounds. 

P.  L.  L.,   (1860)  Art.  4,  sec.  416.     P.  L.  L.,   (1888)  Art.  4,  sec.  475. 
1894,  ch.  105.     1896,  ch.  375. 

557.  If  any  person  bringing  hay  or  straw  to  said  city  shall 
neglect  to  have  the  same  weighed  by  the  said  inspector,  or  shall 
be  detected  in  having  stones,  rubbish,  wood  or  anything  else  con- 
cealed in  his  load,  or  shall  in  any  manner  change  the  condition 
of  his  cart,  wagon,  carriage  or  sled,  with  fraudulent  intention, 
he  shall  forfeit  and  pay  for  each  and  every  such  offense  the  sum 
of  five  dollars;  provided,  however,  any  person  bringing  hay  or 
straw  to  market,  who  shall  sell  and  deliver  the  same  for  con- 
sumption west  of  Gwynn's  Falls,  shall  not  be  subject  to  the  pen- 
alty herein  recited  as  to  not  having  said  load  of  hay  or  straw 
weighed  by  the  weighmaster  at  the  western  hay  scales,  provided 
he  shall  tender  to  the  weigher  of  hay  and  straw,  at  the  western 
hay  scales,  on  the  day  of  delivery  of  said  hay  or  straw,  such  fee 
as  is  prescribed  by  law,  said  fee  to  be  ascertained  by  the  certifi- 
cate of  the  person  weighing  said  hay  or  straw ;  and  when  said 
certificate  of  private  weigher  is  presented  to  the  weighmaster  of 
hay  and  straw  at  the  western  hay  scales,  the  said  weighmaster 
shall  retain  the  certificate  of  the  private  weigher,  and  issue  to 
the  person  presenting  the  certificate  from  the  private  weigher, 
a  certificate  from  the  book  of  the  weighmaster  at  the  western  hay 
scales  corresponding  with  the  certificate  of  the  private  weigher, 
for  which  the  weighmaster  at  the  western  hay  scale  shall  collect 
the  fee  prescribed  by  law ;  any  seller  of  hay  or  straw  failing  to 
comply  with  the  provisions  of  this  section  or  failing  to  present 
the  certificate  of  the  private  weigher  to  the  weighmaster  at  the 

"western  hay  scales,  shall  be  subject  to  a  fine  of  five  dollars  for 
each  and  everv  such  offence. 


289 

1894,  ch.  105. 

558.  Any  private  weigher,  who  shall  under  a  false  certificate, 
and  any  seller  of  hay  or  straw  who  shall  present  a  false  certifi- 
cate to  the  weigher  of  hay  and  straw  at  the  western  hay  scales, 
shall  be  subject  to  a  fine  of  five  dollars  and  costs  for  each  and 
every  such  offence. 

P.  L.  L.,   (1860)  Art.  4,  sec.  417.     P.  L.  L..    (1888)   Art.  4,  sec.  476. 

559.  If  any  person,  after  having  his  hay  or  straw  weighed, 
and  having  obtained  the  inspector's  certificate,  specifying  the 
quantity  thereof,  shall  dispose  of  any  part  thereof,  or  in  any 
manner  diminish  the  same  in  quantity,  thereby  to  defraud  or 
deceive  the  purchaser  thereof,  he  shall  forfeit  and  pay  for 
every  such  offence  the  sum  of  twenty  dollars. 

P.  L.  L.,   (1860)  Art.  4,  sec.  418.     P.  L.  L.,   (1888)   Art.  4,  sec.  477. 

560.  The  said  inspectors  may  re-weigh  carts,  wagons,  car- 
riages or  sleds,  as  often  as  they  may  deem  expedient ;  and  if  at 
any  time  either  of  them  shall  be  required  to  do  so  by  a  pur- 
chaser of  hay  or  straw,  and  it  shall  be  found  that  his  report  of 
the  weight  of  the  cart,  wagon,  carriage  or  sled  is  correct,  the 
person  requiring  the  same  shall  pay  twenty  cents  to  said  in- 
spector ;  in  other  cases  the  reweighing  shall  be  free  of  charge. 

P.  L.  L.,   (1860)  Art.  4,  sec.  419.     P.  L.  L.,    (1888)   Art.  4.  see.  478. 

561.  The  said  inspector  shall,  at  all  times  when  required, 
weigh  hemps,  cables,  anchors,  dye-woods,  barks,  roots,  etc. 

1864,  ch.  384.     P.  L.  L.,  (1888)  Art.  4,  sec.  479. 

562.  In  addition  to  the  charge  hereinbefore  authorized  for 
the  use  of  the  State  hay  scales,  the  inspector  shall  be  entitled  to 
demand  and  receive  fifteen  cents  for  each  and  every  load  of  hay 
or  straw  which  shall  remain  half  an  hour  on  the  premises  after 
the  weighing  thereof,  but  shall  be  removed  before  night,  and 
thirty  cents  for  each  and  every  load  which  shall  be  left  on  the 
premises  until  the  next  morning. 

P.  L.  L.,   (1860)   Art.  4,  sec.  421.     P.  L.  L.,   (1888)   Art.  4,  sec.  480. 

563.  The  weighing  apparatus  shall  be  adjusted  at  least  once 
in  six  months  by  the  standard  of  weights  for  the  City  of  Balti- 
more, the  expenses  of  which,  together  with  all  the  expense  for 
repairs,  shall  be  paid  by  the  inspectors. 

1864,  ch.  384.     P.  L.  L.,  (1888)  Art.  4,  sec.  481. 

564.  The  inspectors  shall  severally  accovmt  for,  under  oath, 
and  pay  over  to  the  Treasurer,  quarterly,  all  moneys  received 

(11) 


290 

by  them  as  inspectors,  after  retaining  for  their  services  three- 
fourths  of  all  moneys  received  under  sections  556  and  560,  and 
one-fifth  of  all  moneys  received  imder  section  562  of  tliis 
Article. 

1867,  cb.  241.     p.  L.  L.,   (1888)  Art,  4,  sec.  482. 

565.  It  shall  be  the  duty  of  the  inspector  of  hay  and  straw- 
having  charge  of  the  eastern  hay  scales  at  Canton,  in  the  City  of 
Baltimore,  to  weigh  all  cattle  and  hogs  required  by  law  to  be 
weighed,  which  may  be  brought  to  said  scales  for  that  purpose ; 
and  the  said  inspector  shall  be  entitled  to  demand  and  receive  for 
the  use  of  the  State,  for  the  first  time  of  weighing  any  live- 
stock, except  sheep,  required  by  law  to  be  weighed,  two  cents  for 
every  hundredweight,  and  one  cent  per  head  for  every  sheep; 
and  for  every  second  and  subsequent  weighing,  for  cattle  and 
hogs,  two  cents  for  every  thousand  weight,  and  sheep,  one  cent 
for  every  thousand  weight,  and  all  live-stock  not  required  to  be 
weighed,  the  sum  of  six  cents  for  every  thousand  weight. 

1867,  ch.  241.     P.  L.  L.,   (1888)  Art.  4,  sec.  483. 

566.  He  shall  keep  a  full  record  of  all  weights  as  ascertained 
and  determined  by  him,  of  what,  and  for  whom  the  same  may  be 
ascertained  and  determined,  and  all  money  received  by  him  for 
weighing  live-stock,  and  all  expenditures  and  disbursements,  in 
books  to  be  provided  for  him  for  that  purpose,  which  books  shall 
belong  to  the  State,  and  shall  at  all  times  be  subject  to  the 
inspection  and  order  of  the  Comptroller;  and  he  shall,  at  the 
expiration  of  every  six  months,  or  within  five  days  thereafter, 
upon  his  oath,  taken  before  a  Justice  of  the  Peace  for  said  city, 
make  a  full  statement  of  all  receipts  for  weighing  all  live-stock 
weighed  by  him  for  the  six  months  immediately  preceding  said 
statement,  and  from  whom  received,  and  all  disbursements  by 
him  made  to  the  Comptroller ;  and  if  the  balance  in  the  hands  of 
said  inspector  for  weighing  live-stock  for  said  six  months  shall 
exceed  the  sum  of  two  hundred  dollars,  he  shall  pay  the  excess 
into  the  Treasury ;  but  if  there  be  no  excess  over  and  above  two 
hundred  dollars,  after  deducting  all  necessary  expenses  for 
receipts  for  weighing  live-stock,  the  said  inspector  shall  retain 
the  balance  as  compensation  for  his  services  for  weighing  such 
live-stock. 

1867,  ch.  241.    P.  L.  L.,  (1888)  Art.  4,  sec.  484. 

567.  Upon  failure  and  refusal  of  any  agent  or  owner  of  live- 
stock to  pay  for  weighing  the  same  he  may  impound  any  number 
of  live-stock  he  may  deem  necessary  to  cause  such  fees  to  be 
paid ;  -provided,  no  injury  be  done  to  said  stock  by  confining  them 


291 

as  aforesaid,  and  that  they  be  delivered  to  the  owner  or  agent 
upon  payment  of  all  jnst  and  proper  charges. 

1S67,  ch.  241.    P.  L.  L.,  (1888)  Art.  4,  sec.  485. 

568.  If  the  inspector  shall  neglect  or  delay  to  weigh  or  cause 
to  be  weighed  any  live-stock  brought  to  said  scales  for  the  pur- 
■pose  of  being  weighed,  for  a  time  not  exceeding  twenty-four 
hours  after  he  shall  have  been  requested  to  w^eigh  the  same,  he 
shall  forfeit  and  pay  to  the  owner  of  such  live-stock  or  his  agent 
the  sum  of  ten  cents  an  hour  upon  each  and  every  head  thereof 
for  so  many  hours  as  he  shall  omit  or  neglect  to  weigh  the  same, 
over  and  above  the  term  of  twenty-four  hours,  Sunday  excepted, 
to  be  recovered  in  an  action  of  debt  before  a  Justice  of  the 
Peace,  with  costs. 

1870,  ch.  256.     P.  L.  L.,   (1888)  Art.  4,  sec.  486. 

569.  The  said  inspector  of  hay  and  straw  shall  execute  a 
bond  to  the  State  in  addition  to  the  bond  now  provided  by  law 
to  be  given  by  said  inspector,  to  be  approved  by  the  Comptroller, 
in  the  penal  sum  of  one  thousand  dollars,  conditioned  for  the 
full  performance  of  all  acts  and  things  required  by  him  as 
weigher  of  live-stock  at  said  scales,  and  to  pay  all  damages  that 
may  be  sustained  by  reason  of  wilful  omission,  refusal  or  neglect 
to  discharge  said  duties ;  which  bond  shall  be  filed  with  the  State 
Comptroller;  but  said  inspector  or  weigher  of  hay  and  straw 
shall  be  chargeable  with  the  payment  of  a  tax  of  ten  dollars, 
and  no  more,  for  his  commission. 

P.  L.  L.,   (I860)  Art.  4,  sec.  423.     P.  L.  L.,   (1888)  Art.  4,  sec.  487. 

570.  All  fines  and  forfeitures  imposed  under  sections  55 Y  to 
559  may  be  recovered  with  costs  in  the  name  of  the  State,  before 
a  Justice  of  the  Peace  in  the  manner  that  small  debts  are  re- 
covered ;  one-half  to  the  informer  and  the  other  half  to  the  use  of 
the  State. 

MANURE. 

P.  L.  L.,   (1860)   Art.  4,  sec,  489.     P.  L.  L.,    (1.888)   Art.  4,  sec.  507. 

571.  A  cart  load  of  manure  shall  contain  forty  cubic  feet. 

STEAM  BOILERS. 

1872,  ch.  153.     P.  L.  L.,  (1888)  Art.  4,  sec.  509. 

572.  The  Governor  shall  biennially  appoint  two  suitable  per- 
sons who  are  well  skilled  in  the  construction  and  use  of  steam 
engines  and  boilers,  and  in  application  of  steam  thereto,  whose 


292 

duty  it  shall  be  to  inspect  steam  boilers  in  the  City  of  Baltimore, 
as  hereinafter  specified  and  directed;  said  inspectors  before 
entering  on  their  duties,  shall  make  oath  before  a  Justice  of  the 
Peace,  that  they  will  faithfully  perform  the  duties  of  their 
office  without  fear,  partiality  or  favor;  that  they  are  not,  and 
will  not  during  their  term  of  office,  be  connected  with,  or  inter- 
ested in  the  manufacture  of  steam  boilers,  engines  or  machinery 
applicable  thereto,  and  that  they  will  not  during  their  term  of 
office,  accept  any  money,  gift,  gratuity  or  consideration  from 
any  person,  and  shall  give  bond,  to  be  approved  by  the  State 
Comptroller,  in  the  sum  of  five  thousand  dollars  each,  for  the 
faithful  discharge  of  their  duties, 

1S72,  ch.  153.    P.  L.  L.,  (1888)  Art.  4,  sec.  510. 

573.  The  City  of  Baltimore  is  divided  into  two  districts, 
which  shall  be  known  as  the  first  and  second  steam  boiler  inspec- 
tion districts ;  the  first  district  shall  embrace  what  is  now  known 
as  the  Eastern,  Northeastern  and  Southern  Police  Districts ;  the 
second  shall  embrace  what  is  now  known  as  the  Central,  West- 
ern, N^orthwestern  and  Southwestern  Police  Districts  of  said 
city ;  and  the  Governor  in  appointing  the  inspectors  shall  assign 
each  to  his  respective  district. 

1872,  ch.  153.    P.  L.  L.,  (1888)  Art.  4,  sec.  511. 

574.  The  inspectors,  before  entering  on  the  discharge  of 
their  duties,  shall  provide  themselves  with  an  office  in  a  central 
part  of  said  city,  also  with  the  necessary  apparatus  and  ap- 
pliances for  the  testing  of  steam  boilers;  and  they  shall  give 
notice  for  three  successive  days,  through  the  two  daily  papers 
having  the  largest  circulation  in  said  city,  of  the  time  and 
manner  in  which  they  shall  receive  the  reports  of  the  locations 
of  steam  boilers. 

1872,  ch.  153.    P.  L.  L.,  (1888)  Art.  4,  sec.  512. 

575.  Every  owner  or  renter  using  a  steam  boiler  in  said  city, 
shall,  within  ten  days  after  the  publication  of  the  aforesaid 
notice,  report  to  the  inspector  of  the  district  the  location  of  such 
boiler,  under  a  penalty  of  fifty  dollars  for  each  day  a  boiler  is 
used  and  neglected  to  be  reported. 

1872,  ch.  153.     P.  L.  L.,   (1888)  Art.  4,  sec.  513. 

576.  The  inspector  of  each  district  shall  give  six  days'  notice 
in  writing  to  each  owner  or  renter  of  a  steam  boiler,  or  the  engi- 
neer or  person  in  charge,  of  the  time  when  he  will  inspect  such 
boiler ;  and  such  owner  or  renter  shall  have  such  boiler  ready  for 


293 

inspection,  in  compliance  with  the  requirements  of  said  notice, 
and  shall  furnish  such  assistance  as  the  inspector  may  require, 
under  a  penalty  of  fifty  dollars  for  such  failure  or  neglect,  and 
a  further  penalty  of  fifty  dollars  for  each  day  any  such  boiler  is 
used  without  a  certificate  of  inspection. 

1S72,  ch.  153.  P.  L.  L.,  (18SS)  Art.  4,  sec.  514. 
577.  It  shall  be  the  duty  of  each  inspector,  once  at  least  in 
every  year,  to  inspect  all  stationary  steam  boilers  of  three  horse 
power  and  upwards,  used  within  the  limits  of  his  district,  sub- 
jecting them  to  a  hydrostatic  test  of  at  least  twenty-five  per  cent, 
in  excess  of  the  steam  pressure  allowed,  and  satisfy  himself,  by 
a  thorough  external  and  internal  examination,  (if  possible)  with 
a  hammer,  that  the  boilers  are  free  from  danger  from  corrosion 
or  other  defects,  are  well  made  of  good  material,  the  openings 
for  the  passage  of  water  and  steam,  respectively,  and  all  pipes 
and  tubes  exposed  to  heat  are  of  proper  dimensions,  and  free 
from  obstruction ;  that  the  flues  and  tubes  if  any  are  circular  in 
form,  the  furnaces  in  proper  shape,  and  the  fire  line  of  the 
furnaces  is  at  least  two  inches  below  the  minimum  water  line  of 
the  boilers ;  and  shall  also  satisfy  himself  that  the  safety  valves 
are  of  suitable  dimensions,  sufiicient  in  number  and  well  ar- 
ranged, and  that  the  weights  are  properly  adjusted  so  as  to  allow 
no  greater  pressure  in  the  boiler  than  the  amount  prescribed  in 
the  certificate  of  inspection ;  that  there  is  a  sufiicient  number  of 
gauge-cocks,  a  steam  gauge,  a  coupling  cock  in  suitable  position 
for  attaching  the  hydrostatic  test,  that  means  for  blowing  out 
are  provided,  so  as  to  thoroughly  remove  the  mud  and  sediment 
from  all  parts  of  the  boilers  when  they  are  under  the  pressure 
of  steam,  and  that  fusible  metals  are  properly  inserted  so  as  to 
fuse  by  the  heat  of  the  furnaces  when  the  water  in  the  boilers 
shall  fall  below  the  prescribed  limits,  and  that  adequate  and 
certain  provision  is  made  for  an  ample  supply  of  water  at  all 
times;  when  the  inspection  is  completed  and  the  inspector  ap- 
proves the  boiler,  he  shall  make  and  subscribe  a  certificate  of 
inspection,  stating  the  condition  of  the  boiler,  the  number  of 
years  or  months  it  has  been  in  use,  and  the  pressure  of  steam 
allowed ;  and  no  greater  pressure  than  that  allowed  by  the  certifi- 
cate shall  be  applied  to  such  boiler.  In  limiting  pressure,  when- 
ever the  boiler  under  test  will,  with  safety,  bear  the  same,  the 
limit  desired  by  the  owner  shall  be  the  one  certified ;  and  such 
certificate  of  inspection  shall  be  framed  under  glass,  and  kept  in 
some  conspicuous  place  on  the  premises  where  said  boiler  re- 
ferred to  is  used;  and  if  the  inspector  shall  deliver  or  cause  to 
be  delivered  to  tlie  owner  or  renter  of  any  boiler  a  certificate  of 


294 

inspection  without  having  first  subjected  the  said  boiler  to  the 
tests  as  herein  provided,  he  shall  forfeit  his  bond,  and  upon  con- 
viction shall  be  removed  from  office  by  the  Governor. 

1872,  ch.  153.     P.  L.  L.,   (1888)  Art.  4,  sec.  515. 

578.  In  addition  to  the  annual  inspection,  it  shall  be  the  duty 
of  the  inspector  to  examine  all  boilers  within  the  limits  of  their 
respective  districts  once  at  least  in  every  three  months  and  if 
deemed  necessary,  apply  the  hydrostatic  test;  and  if  on  such 
examination  the  inspector  shall  find  evidence  of  deterioration  in 
strength,  he  shall  revoke  the  certificate  and  issue  another,  assign- 
ing a  lower  rate  of  pressure ;  and  if  the  defect  be  of  such  char- 
acter as  to  make  the  boiler  dangerous,  the  inspector  shall  notify 
the  owner  or  renter  in  writing,  stating  in  the  notice  what  is 
required,  and  order  the  use  of  the  boiler  discontinued  until  the 
necessary  repairs  are  made ;  and  if  he  considers  it  beyond  repair, 
he  shall  condemn  it ;  and  if  the  owner  or  renter  shall  refuse  or 
neglect  to  comply  with  the  requirements  of  the  inspector,  and 
shall,  contrary  thereto,  and  while  the  same  remains  unreversed, 
use  the  boiler,  he  shall  be  liable  to  a  penalty  of  not  less  than  one 
hundred  dollars  for  each  day  such  boiler  is  used,  and  in  addition 
thereto  shall  be  liable  for  any  damage  to  persons  or  property 
which  shall  occur  from  any  defects,  as  stated  in  the  notice  of  the 
inspector. 

1872.  ch.  153.     P.  L.  L.,   (1888)  Art.  4,  sec.  516. 

579.  Any  owner  or  renter  of  a  boiler,  who  shall  consider 
himself  aggrieved  by  the  action  of  the  inspector,  under  the  pro- 
visions of  the  preceding  section,  may,  within  ten  days  after  such 
inspection,  notify  the  inspector  of  the  fact,  and  demand  a  re- 
examination of  the  said  boiler ;  the  owner  or  renter  shall  select  a 
practical  engineer,  who,  with  the  inspector,  shall  select  a  third 
person,  skilled  in  the  manufacture  and  use  of  steam  boilers, 
which  said  two  persons,  after  taking  an  oath  as  reviewers,  shall, 
together  wath  the  inspector,  carefully  examine  the  said  boiler, 
and  the  decision  of  any  two  of  these  shall  be  final;  should  the 
decision  of  the  inspector  be  sustained,  the  said  owner  or  renter 
shall  pay  the  expense  of  such  review ;  but  should  it  be  reversed, 
the  inspector  shall  restore  the  certificate,  and  the  expense  of  the 
review  shall  be  paid  by  the  State ;  such  reviewers  shall  receive 
five  dollars  for  each  day  or  part  of  a  day  they  are  engaged  in 
making  such  review. 

1872,  ch.  153.     P.  L.  L.,   (1888)  Art.  4,  sec.  517. 

580.  Any  person  erecting  or  using  a  steam  boiler  without 
having  the  same  inspected  by  the  inspector  of  the  district  in 


295 

which  the  said  boiler  is  located,  shall  pay  a  fine  of  one  hundred 
dollars,  and  fifty  dollars  for  each  day  any  such  boiler  is  used 
without  being  inspected;  and  any  person  who  shall  alter  or 
change  a  steam  gauge  or  weight  on  a  safety  valve  for  the  purpose 
of  carrying  a  greater  pressure  of  steam  on  a  boiler  than  that 
allowed  by  the  certificate  of  inspection,  shall  be  liable  to  a  fine 
of  five  hundred  dollars ;  and  any  owner  or  renter  of  a  steam 
boiler  who  shall  neglect  or  refuse  to  place  his  certificate  of  in- 
spection on  the  premises,  as  prescribed  in  section  577  hereof, 
shall  pay  a  fine  of  five  dollars  for  each  day's  refusal  or  neglect. 

1872,  ch.  153.     P.  L.  L.,  (1SS8)  Art.  4,  sec.  518. 

581.  The  inspector  shall  have  power  to  examine  the  engi- 
neers and  assistants  in  charge  of  boilers,  and  if  any  engineer  or 
assistant  is  found  incompetent  or  addicted  to  intemperance,  the 
inspector  shall  notify  the  owner  or  renter,  and  withdraw  the 
certificate  of  inspection  until  such  engineer  or  assistant  is  dis- 
placed. 

1872,  ch.  153.     P.  L.  L.,  (1888)  Art.  4,  sec.  519. 

582.  Before  issuing  any  certificate  of  inspection,  the  in- 
spector shall  demand  and  receive  from  the  owner  or  renter  of 
the  boiler,  as  a  compensation  for  the  inspection,  and  the  exami- 
nations to  be  made  during  the  year  as  hereinbefore  provided, 
the  following  sums :  For  every  boiler  of  ten  horse-power  or  less, 
five  dollars ;  when  the  boiler  is  above  ten  horse-power,  five  dollars 
for  the  first  ten,  and  twenty-five  cents  additional  for  each  horse- 
power in  excess  of  that  number. 

1872,  ch.  153.     P.  L.  L.,   (1888)  Art.  4,  sec.  520. 

583.  In  shall  be  the  duty  of  each  inspector  to  keep  a  correct 
record  of  the  locations  of  all  boilers  in  his  district,  when  each 
boiler  was  inspected,  the  condition  of  the  same  at  the  time  of 
inspection,  the  instructions  given  to  the  engineers  in  charge,  the 
certificates  issued,  the  amount  of  steam  pressure  allowed  in  each 
certificate,  and  the  boilers  condemned  or  ordered  to  be  repaired; 
also  a  correct  account  of  all  money  received  or  paid  out ;  and  they 
shall  report  the  same  annually  to  the  State  Comptroller. 

1874,  ch.  96.     P.  L.  L.,   (1888)   Art.  4,  sec.  521. 

584.  The  inspectors  shall  receive  an  annual  salary  of  fifteen 
Iniiidrcd  dollai's  each;  and  all  moneys  collected,  after  deducting 
the  necessary  incidental  expenses  of  the  office,  shall  be  paid  over 
to  the  Treasurer  of  the  State. 


296 

1S72,  ch.  153.     P.  L.  L..  USSS)  Art.  4,  sec.  522. 

585.  Xothing  in  this  sub-division  of  this  Article  shall  conflict 
with  the  ordinance  of  the  Mayor  and  City  Council  of  Baltimore 
which  requires  their  permission  for  the  erection  of  steam  boilers 
in  that  city. 

1SS6,  cJi.  503.    P.  L.  L.,   USSS)  Art.  4,  seo.  523. 

586.  Every  steam  boiler  insurance  company  doing  business 
in  this  State  shall  have  a  resident  inspector,  whose  duty  it  shall 
be  to  make  inspections  of  steam  boilers  submitted  for  insurance 
to  such  steam  boiler  insurance  company;  and  any  owner  or 
renter  of  a  steam  boiler  who  has  the  same  insured  in  a  steam 
boiler  insurance  company  doing  business  in  this  State,  in  com- 
pliance with  the  laws  thereof,  and  having  a  resident  inspector 
and  an  established  system  of  inspection,  must  immediately  after 
the  first  annual  inspection  in  each  year  by  such  resident  inspector 
of  such  steam  boiler  insurance  company,  present  to  the  State 
inspector  of  the  district  in  which  the  said  steam  boilers  are 
located,  the  certificate  of  inspection  of  the  said  company:  and 
the  said  companv  shall  be  charsjed  and  chargeable  with  a  fee  of 
one  dollar  for  each  and  every  boiler  so  inspected  and  insured, 
which  shall  be  paid  to  the  State  Inspector  with  such  certificate ; 
provided,  that  when  there  is  more  than  one  steam  boiler  belong- 
ing to  the  same  owner  or  renter  so  insured,  then  the  fee  so 
chargeable  to  the  insurance  company  shall  be  one  dollar  per 
boiler  for  the  first  five,  and  one  dollar  for  each  additional  five  or 
fraction  thereof  over  and  above  the  first  five;  and  upon  the 
acceptance  of  the  provisions  of  this  section  by  the  owner  or  renter 
of  said  steam  boiler,  the  said  owner  or  renter  shall  be  exempted 
from  the  requirements  of  this  sub-division  of  this  Article. 

1S72.  ch.  151.     P.  L.  L.,   (1SS8)  Art.  4,  sec.  524. 

587.  If  either  inspector  neglects  to  discharge  his  duties  as 
prescribed  in  this  sub-division  of  this  Article,  he  shall  forfeit  his 
bond,  and  shall  be  removed  from  office  by  the  Governor. 

1872,  ell.  151.     P.  L.  L.,   (1888)  Art.  4,  sec.  525. 

588.  The  Governor  shall  fill  all  vacancies  that  may  occur  as 
soon  as  possible. 

1872,  ch.  151.    P.  L.  L.,  (1.S88)  Art.  4,  sec.  526. 

589.  All  fines  and  penalties  imposed  in  this  sub-division  of 
this  Article  shall  be  recoverable  by  indictment  before  the  Crimi- 
nal Court  of  Baltimore,  or  before  anv  Justice  of  the  Peace  of 
said  city,  in  the  name  of  the  inspector,  for  the  benefit  of  the 
State. 


297 


WOOD  CARTS. 

1878.  ch.  183.     P.  L.  L.,   (1S8S)   Art.  4,  sec.  527.     1894,  ch.  313. 

590.  The  Governor  shall  biennially  appoint,  by  and  with 
the  consent  of  the  Senate,  one  competent  person,  whose  duty  it 
shall  be  to  measure  and  stamp  all  carts  or  vehicles  engaged  in 
hauling  wood  from  wharf  and  yard  within  the  corporate  limits 
of  the  Citv  of  Baltimore ;  and  it  shall  further  be  the  dutv  of  the 
said  measurer  to  measure  and  stamp  all  carts  or  vehicles  engaged 
in  hauling  sawed  and  split  wood  for  the  purpose  of  selling  the 
same  within  the  corporate  limits  of  the  City  of  Baltimore;  the 
said  measurer  shall  have  power  to  appoint  deputies  if  he  shall 
find  it  necessary  to  facilitate  the  work ;  and  he  or  his  assistants 
shall  give  certificates  to  the  owners  of  said  carts  or  vehicles, 
which  shall  hold  good  for  one  3'ear  from  date;  all  such  certifi- 
cates shall  terminate  on  the  first  dav  of  Mav.  annuallv.  and  shall 
be  applied  for  on  said  day,  or  within  thirty  days  thereafter ;  and 
in  all  cases  where  said  certificate  shall  not  have  been  renewed 
within  the  thirty  days  aforesaid,  a  new  certificate  shall  be  neces- 
sary, to  be  dated  and  paid  for  from  the  first  day  of  May,  as  in 
case  of  renewal,  unless  some  repairs  or  alteration  be  necessary  to 
change  the  same,  for  which  services  he  shall  receive  the  sum  of 
one  dollar  for  each  cart  or  vehicle  so  inspected  and  marked  by 
him,  to  be  paid  by  the  party  at  whose  request  the  services  were 
performed ;  the  said  measurer  or  his  deputies  shall  be  in  no  way 
interested  as  clerks,  or  otherwise  engaged  in  the  purchase  or  sale 
of  fire-wood,  other  than  for  their  own  use. 

1894,  ch.  313. 

591.  It  shall  be  unlawful  for  any  person,  in  either  purchas- 
ing or  selling  seasoned  cord  wood  in  quantities  of  not  less  than 
one-half  cord  at  any  one  time,  to  measure  and  settle  for  the  same, 
except  on  the  basis  of  one  hundred  and  twenty-eight  cubic  feet 
to  each  cord  of  wood ;  and  the  said  contents  of  a  cord  of  wood 
shall  be  ascertained  by  lineal  or  outside  measurement,  as  fol- 
lows: It  shall  be  eight  feet  long,  four  feet  high  and  four  feet 
wide. 

1894,  ch.  313. 

592.  Any  person  violating  the  provisions  of  the  preceding 
section,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  be  subject  to  a  fine  of  not  less  than  fifty  nor 
more  than  one  hundred  dollars,  one-half  to  go  to  the  informer. 


298 

1876,  ch.  46.     P.  L.  L.,   (1888)   Art.  4,  sec.  528. 

593.  The  said  measurer  and  his  deputies,  before  entering 
upon  their  duties  of  office,  shall  take  the  following  oath  or  affir- 
mation, as  the  case  ma}^  be,  before  some  Justice  of  the  Peace : 
"I  do  solemnly  swear  (or  affirm)  that  I  will  faithfully,  truly  and 
impartially,  according  to  the  best  of  my  skill  and  judgment, 
execute  and  perform  the  office  and  duty  of  measurer  of  carts 
according  to  the  true  intent  and  meaning  of  this  sub-division  of 
this  Article,  so  help  me  God." 

1878,  ch.  183.    P.  L.  L.,  (1888)  Art.  4,  sec.  529.    1894,  ch.  313. 

594.  Said  measurer  shall  locate  himseK  in  some  suitable 
section  of  the  city,  where  he  can  be  found,  where  the  greatest 
quantity  of  wood  is  for  sale ;  he  shall  plainly  mark,  by  a  brand 
on  the  standards  of  each  side  of  said  carts  or  vehicles,  in  such  a 
manner  as  that  the  purchaser  or  consumer  of  fire-wood  may  see 
the  quantity  contained  in  each  eighth,  quarter,  half  or  cord  of 
wood  so  purchased  by  him,  the  standard  of  measurement  to  be 
one  hundred  and  twenty-eight  cubic  feet  to  the  cord  of  well  stored 
and  packed  cord  wood,  or  one  hundred  and  sixty  cubic  feet  of 
sawed  and  split  wood. 

1886,  ch.  315.     P.  L.  L.,   (1888)   Art.  4,  sec.  530.     1894,  ch.  313. 

595.  All  stick  wood  sold  by  retail  in  the  City  of  Baltimore, 
shall  be  measured  in  a  solid  frame  made  of  wood  or  iron ;  a 
frame  to  measure  one-eighth  of  a  cord  shall  be  two  feet  wide  and 
two  feet  high ;  a  frame  to  measure  one-fourth  of  a  cord  shall  be 
three  feet  wide  and  two  feet  eight  inches  high ;  a  frame  to 
measure  three-eighths  of  a  cord  shall  be  four  feet  wide  and  three 
feet  high ;  and  a  frame  to  measure  one-half  a  cord  shall  be  four 
feet  wide  and  four  feet  high,  these  various  dimensions  being  all 
intended  to  import  inside  measurement;  all  frames  shall  be 
measured  and  stamped  every  year  by  the  inspector  just  as  carts 
are  measured  and  stamped. 

1886,  ch.  315.    P.  L.  L.,   (1888)  Art.  4,  sec.  531. 

596.  If  any  wood  dealer  shall  sell  stick  wood  by  retail  in  the 
City  of  Baltimore,  measured  otherwise  than  in  a  frame,  he  shall 
be  subject  to  the  penalty  of  five  dollars  for  each  offence ;  one-half 
of  the  penalty  to  go  to  the  informer ;  said  penalty  to  be  recovered 
before  some  Justice  of  the  Peace. 

1886,  ch.  315.    P.  L.  L.,  (1888)  Art.  4,  sec.  532.  _ 

597.  The  two  preceding  sections  shall  not  apply  to  the 
measurement  of  sawed  and  split  wood. 


299 

1878,  eh.  183,  sec.  4.     P.  L.  L.,   (1888)   Art.  4,  sec.  533. 

598.  If  any  owner  of  a  cart  or  vehicle  to  be  used  in  hauling 
fire-wood  in  the  Citv  of  Baltimore  shall  neclect  to  have  such 
cart  or  vehicle  so  inspected,  and  if  any  carter  or  person  shall 
alter  the  marks  of  said  carts  or  vehicles  after  the  same  have  been 
so  inspected,  or  shall  alter  the  measurement  of  said  fire-wood  by 
increasing  or  taking  from  the  same,  or  neglect  to  have  said  carts 
or  vehicles  stamped,  as  provided  for  in  this  sub-division  of  this 
Article,  by  the  first  day  of  June  of  each  year,  or  if  any  dealer 
shall  sell  the  aforesaid  cord  or  sawed  and  split  wood  to  any  cart 
or  vehicle  not  properly  stamped  by  the  measurer  or  his  deputies, 
provided  for  by  this  sub-division  of  this  Article,  he  shall  be 
subject  to  the  penalty  of  five  dollars  for  each  offence,  to  be 
recovered  as  small  debts  are  now  recovered,  before  some  Justice 
of  the  Peace,  for  the  use  of  the  City  of  Baltimore. 

1878,  ch.  183,  sec.  5.     P.  L.  L.,   (1888)  Art.  4,  sec.  534. 

599.  In  case  of  dispute  between  the  purchaser  and  seller  of 
any  lot  of  fire-wood,  the  measurer  or  his  deputy,  appointed  under 
this  sub-division  of  this  Article,  may  act  as  arbitrator  between 
said  parties,  and  his  decision  shall  be  final ;  for  which  services  he 
shall  receive  the  sum  of  six  and  one-quarter  cents  for  each  cord 
of  wood  so  inspected  and  measured  by  him,  to  be  paid  by  the 
party  at  whose  request  said  service  was  performed;  the  said 
measurer  or  deputy  to  give  a  certificate  of  the  number  of  cords 
contained  in  each  lot. 

JON^ES'  FALLS. 

1870,  ch.  115.     P.  L.  L.,   (1888)   Art.  4,  sec.  579. 

600.  None  of  the  provisions  of  this  Article  in  reference  to 
constructing  sewers  and  opening  and  paving  streets  in  the  City 
of  Baltimore  shall  apply  to  the  construction  of  the  sewers,  and  to 
the  opening  and  paving  of  the  streets  and  avenues  for  which 
provision  is  made  in  this  Article  relating  to  Jones'  Falls,  save 
in  so  far  as  the  said  provision  may  be  made  applicable  thereto  by 
an  ordinance  of  the  Mayor  and  City  Council  of  Baltimore, 
passed  for  the  purpose ;  and  provided  further,  that  no  appeal 
shall  lie  from  the  decisions  of  the  Baltimore  City  Court  in  pro- 
ceedings in  said  Court  under  the  provisions  of  this  Article 
relating  to  Jones'  Falls. 

1870,  ch.  115.    p.  L.  L.,  (1888)  Art.  4,  sec.  580. 

601.  All  of  the  provisions  of  an  ordinance  of  the  Mayor  and 
City  Council  of  Baltimore,  entitled  an  ordinance  to  provide  for 


300 

the  improvement  of  Jones'  Falls  within  the  limits  of  the  Citv  of 
Baltimore,  approved  January  31,  1870,  shall  have  the  same 
force,  effect  and  operation,  and  be  in  all  respects  as  valid  as  if 
the  said  ordinance  had  been  passed  after  the  approval  of  the  Act 
of  1870,  chapter  115,  or  had  been  passed  after  the  enactment  of 
a  law  by  the  General  Assembly  of  Maryland  authorizing  and  em- 
powering the  Mayor  and  City  Council  of  Baltimore  to  pass  such 
an  ordinance. 

JURORS. 

P.  L.  L.,    (1860)   Art.  4,  sec.  601.     1860,  ch.  308.     1867,  ch.  401,  sec.  4. 
1882,  ch.  67.     1884,  ch.  450.     P.  L.  L.,   (1888)  Art.  4,  sec.  583. 

602.  The  Judges  of  the  Supreme  Bench  of  Baltimore  City, 
or  a  majority  of  them,  shall  meet  in  some  one  of  the  courtrooms 
of  the  City  of  Baltimore  on  such  days  as  the  said  Judges,  or  a 
majority  of  them,  shall  appoint,  in  the  month  of  April  in  each 
year,  and  shall  on  such  days  of  meeting,  select  fairly  and  impar- 
tially, and  by  the  exercise  of  their  best  judgment,  the  names  of 
seven  hundred  and  fifty  persons,  or  thereabout,  qualified  under 
the  laws  of  this  State  to  be  grand  and  petit  jurors  in  the  City  of 
Baltimore.  They  shall  cause  the  names  of  the  persons  so  selected 
to  be  entered  in  a  proper  book,  and  shall  verify  the  list  so  made 
up  by  their  certificate  and  signatures.  The  said  book  containing 
the  said  list  shall  be  placed  in  the  custody  of  the  Clerk  of  the 
Superior  Court  of  Baltimore  City. 

Clare  v.  State.  30  Md.  163.  Avirett  v.  State,  76  Md.  535.  State  v. 
Keating,  85  Md.  188. 

P.  L.  L.,    (1860)   Art.  4,  sec.  602.     1860,  ch.  308.     1882,  ch.  67. 
1884,  ch.  450.    P.  L.  L.,   (1888)  Art.  4,  sec.  584. 

603.  In  order  to  assist  the  said  Judges  in  making  out  the  list 
of  jurors  aforesaid,  the  City  Collector  of  the  City  of  Baltimore, 
shall,  before  the  first  day  of  February  in  each  and  every  year, 
lodge  with  the  Clerk  of  the  Superior  Court  of  Baltimore  City, 
for  the  use  of  said  Judges,  a  certified  list  of  so  many  of  the 
taxable  male  inhabitants,  resident  in  the  said  city,  as  he  may 
have  been  directed  to  furnish  by  the  order  of  said  Judges,  or  a 
majority  of  them,  setting  out  their  names  and  places  of  resi- 
dence, so  far  as  the  same  may  be  ascertained;  and  the  said 
Collector  shall  receive  for  such  service  a  compensation  to  be  fixed 
by  said  Judges,  and  he  shall  be  paid  as  jurors  are  paid. 

1860,  ch.  308.     1882,  ch.  67.     1884,  ch.  450.     P.  L.  L.,    (1888) 

Art.  4,  sec.  585. 

604.  The  said  list  of  persons,  qualified  under  the  laws  of  this 
State  to  be  grand  and  petit  jurors  in  the  City  of  Baltimore, 


301 

having  been  prepared  as  aforesaid,  it  shall  be  the  duty  of  the 
said  Judges  of  the  Supreme  Bench  of  Baltimore  City,  or  a 
majority  of  them,  to  meet  in  each  and  every  year  in  some  one  of 
the  courtrooms  of  the  City  of  Baltimore,  on  one  or  more  days 
to  be  appointed  by  them,  before  the  beginning  of  each  regular 
term  of  the  Criminal  Court  of  Baltimore,  which  said  meeting, 
or  the  last  of  which  said  appointed  meetings  shall  be  at  least  ten 
days  before  the  beginning  of  each  of  said  terms,  and  to  select 
from  said  list  the  names  of  twenty-three  persons,  who  shall  con- 
stitute and  be  the  grand  jurors  for  the  City  of  Baltimore  for  the 
ensuing  term  of  said  Criminal  Court  of  Baltimore ;  the  list  of 
grand  jurors  so  selected  shall  be  attested  by  the  signatures  of  the 
Judges  selecting  the  same,  and  be  given  forthwith  to  the  Sheriff 
of  Baltimore  City,  who  shall  immediately  summon  the  persons 
so  selected,  to  serve  as  grand  jurors  for  the  City  of  Baltimore  at 
the  ensuing  term  of  the  Criminal  Court  of  Baltimore.  If  any 
of  the  grand  jurors  so  selected  and  summoned  shall  be  shown  to 
be  disqualified,  or  be  from  any  sufficient  cause  excused  from 
serving,  it  shall  be  the  duty  of  the  said  Judges  of  the  Supreme 
Bench  of  Baltimore  City,  or  a  majority  of  them,  to  re-assemble 
as  soon  as  they  are  notified  thereof  by  the  Judge  of  the  Criminal 
Court  of  Baltimore,  and  to  assemble  again,  from  time  to  time,  if 
the  same  be  necessary,  to  correct  and  complete,  in  the  manner 
hereinbefore  provided  for,  the  said  Grand  Jury  for  the  City  of 
Baltimore,  by  the  selection  of  proper  persons  as  aforesaid  from 
the  list  of  qualified  jurors  made  as  aforesaid,  omitting  in  said 
selection  the  names  of  persons  on  said  lists  who  may  have  been 
drawn  to  serve  as  petit  jurors  in  other  Courts  of  said  City  at 
said  term.  The  Judges  shall,  after  so  correcting  and  completing 
the  list  of  grand  jurors  for  the  City  of  Baltimore,  so  before  made 
out  by  them,  attest  the  said  list  of  grand  jurors  as  so  corrected, 
by  their  certificate  and  signatures  thereto.  The  Judge  of  the 
Criminal  Court  of  Baltimore  shall,  at  the  beginning  of  each 
term  of  the  said  court,  designate  the  foreman  of  the  Grand  Jury 
for  the  City  of  Baltimore  for  the  said  ensuing  term,  from  among 
the  number  of  grand  jurors  selected  as  aforesaid  for  said  city; 
and  in  case  of  the  disfpialification,  sickness,  absence  or  death  of 
said  foreman,  or  of  anv  foi-eman  of  said  Grand  Jurv,  may  desie;- 
nate  another  from  among  the  number  of  said  Grand  Jury,  who 
shall  act  as  such  foreman. 

Stiitc  V.  KontiiiK,  85  Mfl.  ISS. 

1900,  ch.  164.       1908,  ch.  162. 
604A.     Upon  the  organization  of  each  gi-and  jury,  as  pro- 
vided for  in  the  preceding  section,  and  npon  tlicii-  nnpu^st  tluM-e- 


302 

for,  signified  to  the  judge  or  judges  for  the  time  being  especially 
assigned  to  and  sitting  in  the  Criminal  Court  of  the  said  city, 
the  said  judge  or  judges  may  and  they  are  hereby  authorized 
and  empowered  to  appoint  a  clerk,  who  shall  be  a  competent 
stenographer,  at  a  compensation  not  exceeding  the  rate  of  fifteen 
hundred  dollars  per  annum,  to  be  paid  by  the  Mayor  and  City 
Council  of  Baltimore,  which  said  clerk  shall  have  authority  to 
take  and  transcribe  the  testimony  given  before  any  grand  jury 
in  said  City  of  Baltimore,  and  whenever  required  by  the  State's 
Attorney  shall  attend  upon  and  take  and  transcribe  the  testi- 
mony given  at  coroner's  inquests,  and  all  of  the  said  testimony 
so  taken  and  transcribed  shall  be  for  the  exclusive  use  and  benefit 
of  the  grand  jury  and  the  State's  Attorney  of  said  city,  unless 
otherwise  ordered  by  the  Court.  In  addition  to  the  compensation 
aforesaid  to  be  paid  to  said  clerk  by  the  Mayor  and  City  Council 
of  Baltimore,  the  said  Mayor  and  City  Council  of  Baltimore 
shall  make  compensation  to  said  stenographer  for  all  testimony 
taken  and  transcribed  by  him  at  any  coroner's  inquest  or  in- 
quests, and  when  requested  by  the  State's  Attorney  for  the  use 
of  his  ofiice,  at  a  rate  not  exceeding  fifteen  cents  per  hundred 
words  of  such  testimony. 

1900,  ch.  164. 

604B.  Any  clerk  appointed  under  the  provisions  of  the  pre- 
ceding section  shall  before  he  enters  upon  the  duties  of  his  ofiice 
take  and  subscribe  before  the  Clerk  of  the  Criminal  Court  of 
Baltimore  City  an  oath  that  he  will  keep  secret  all  matters  and 
things  occurring  before  such  Grand  Jiiries. 

1900,  ch.  164. 

604O.  It  shall  be  lawful  for  any  stenographer,  duly  ap- 
pointed and  qualified  as  herein  provided,  to  attend  and  be  present 
at  the  sessions  of  every  Grand  Jury  empaneled  in  the  said  city, 
and  it  shall  be  his  duty  to  take  in  shorthand  the  testimony  intro- 
duced before  such  Grand  Juries  and  to  furnish  to  the  Grand 
Jury  and  the  State's  Attorney  of  said  city  a  full  copy  of  all  such 
testimony  as  such  Grand  Jury  or  State's  Attorney  shall  require, 
and  he  shall  not  permit  any  other  person  to  take  a  copy  of  the 
same  nor  of  any  portion  thereof,  nor  to  read  the  same  nor  any 
portion  thereof,  nor  shall  he  disclose  the  character  or  any  of 
the  contents  of  the  same  to  any  person  or  persons  other  than  the 
Grand  Jury  or  State's  Attorney  for  said  city,  except  upon  the 
written  order  of  the  Court  duly  made  after  hearing  the  State's 
Attorney.  All  of  the  said  original  minutes  shall  be  kept  in  the 
custody  of  said  State's  Attorney,  and  neither  the  same  nor  a 


303 

copy  of  the  same  shall  be  taken  from  the  office  of  said  State's 
Attorney  excepting  for  the  use  of  a  Grand  Jury  for  said  city  or 
for  production  in  Court,  without  an  order  of  Court  first  had  and 
obtained,  as  above  provided. 

1900,  ch.  164. 
604D.  Any  stenographer  appointed  as  aforesaid  who  shall 
violate  any  of  the  provisions  of  the  three  preceding  sections  with 
regard  to  secrecy  shall  be  deemed  guilty  of  a  misdemeanor,  and 
on  conviction  thereof  shall  be  fined  not  exceeding  one  thousand 
dollars  or  imprisoned  in  jail  not  exceeding  one  year,  or  be  both 
fined  and  imprisoned  in  the  discretion  of  the  Court. 

1882,  ch.  67.     1884,  ch.  450.     P.  L.  L.,    (1888)    Art.  4,  sec.  586. 

605.  The  said  Judges  of  the  Supreme  Bench  of  Baltimore 
City,  or  one  or  more  of  them,  shall,  at  one  or  more  of  the  meet- 
ings provided  for  in  the  last  preceding  section  of  this  sub-division 
of  this  Article,  after  the  selection  of  the  grand  juries  for  the  City 
of  Baltimore,  as  provided  in  the  last  preceding  section,  cause 
all  the  names  selected  by  the  Judges  as  aforesaid,  remaining 
upon  said  list  of  qualified  jurors,  to  be  inscribed  upon  ballots, 
which  shall  be  of  equal  size,  color  and  appearance,  and  shall  be 
closely  folded  and  shall  be  placed  by  one  of  such  Judges,  with 
his  own  hands,  on  the  day  of  said  meeting  and  immediately 
before  the  drawing  herein  provided  for,  in  a  drawing  wheel  to  be 
provided  for  that  purpose  by  the  Sheriii"  of  Baltimore  City, 
under  the  direction  of  said  Judges;  the  said  Judge  shall  then 
cause  the  said  Sheriff,  or  such  one  of  his  deputies  as  he  shall 
designate,  to  appear  before  him ;  and  it  shall  be  the  duty  of  the 
said  Sheriff  or  his  said  deputy,  in  the  presence  and  in  the  imme- 
diate view  of  the  said  Judge  or  Judges,  and  of  such  other  per- 
sons as  may  choose  to  attend,  to  draw  one  by  one  from  said 
wheel  the  ballots  contained  therein  until  four  hundred  of  said 
ballots  have  been  drawn  therefrom;  and  thesaid  Judge  or  Judges 
shall  cause  the  said  wheel  to  be  turned  upon  its  axis  before  the 
conunencement  of  said  drawing,  and  after  the  ballots  have  been 
deposited  therein,  and  after  the  drawing  of  each  ballot,  and 
before  the  drawing  of  the  next,  until  four  hundred  of  said  ballots 
shall  have  been  drawn  ;  and  said  Judge  or  Judges  shall  forthwith 
cause  the  names  appearing  upon  said  ballot  as  drawn,  together 
with  the  names  selected  as  grand  jurors,  to  be  duly  re(*(U-ded  in 
a  proper  book  in  the  order  in  which  they  shall  have  l)cen  chosen, 
and  in  which  said  Judge  or  Judges  shall  have  seen  them  drawn 
as  aforesaid,  which  said  Judge  or  Judges  so  attending  s;ii<! 
drawing  shall  certify  at  the  foot  of  said  list  to  have  been  done 


304 

1882,  ch.  67.     1884,  ch.  450.     P.  L.  L.,    (1888)   Art.  4,  sec.  591. 

606.  After  four  hundred  of  the  names  in  the  box  shall  have 

been  drawn,  as  provided  by  section  605,  it  shall  be  the  duty  of 

said  Judge  or  Judges  who  shall  have  attended  said  drawing  to 

cause  the  names  of  the  said  several  panels,  and  the  names  of  the 

other  persons  drawn  as  aforesaid,  to  be  entered  in  two  books,  in 

addition  to  the  book  provided  in  section  605,  in  the  order  in 

which  the  said  panels  and  the  names  aforesaid  were  drawn ;  and 

the  said  books  shall  be  certified  by  the  Judge  or  Judges  who 

shall  have  attended  said  drawing,  to  be  true  copies  of  the  book 

prescribed  in  section  605,  and  said  books  shall  be  denominated 

jury  books  for  Baltimore  City. 

Condemnation  Juries. — Such  juries  need  not  be  summoned  from  the 
jury  book. 

Balto.  Belt  R.  R.  Co.  v.  Turner,  Daily  Record,  January  12,  1893. 

1896,  ch.  20.    r.  L.  L.,   (ISSS)  Art.  4,  sec.  591  A. 

607.  In  addition  to  the  four  hundred  names  to  be  drawn  as 
provided  by  section  605  of  this  Article,  it  shall  be  the  duty  of 
said  Judge  or  Judges  who  shall  attend  said  drawing  to  cause  to 
be  drawn  in  the  mode  pointed  out  in  said  section  605,  or  in  such 
other  mode  as  shall  be  prescribed  by  the  Supreme  Bench  of 
Baltimore  City,  one  hundred  additional  jurors,  or  such  other 
number  as  shall  be  deemed  necessary  to  be  drawn  by  the 
Supreme  Bench  of  Baltimore  City  which  said  jurors  so  drawn, 
together  with  the  said  four  hundred  jurors,  shall,  under  such 
regulations  as  shall  be  prescribed  by  the  Supreme  Bench  of 
Baltimore  City,  serve  from  time  to  time  as  jurors  in  the  common 
law  courts  of  Baltimore  City,  and  for  such  length  of  time  as  said 
courts  shall  prescribe,  and  power  is  hereby  conferred  upon  said 
Supreme  Bench  of  Baltimore  City  to  prescribe  by  rule  for  the 
mode,  time  and  place  for  the  drawing  of  jurors,  for  the  organi- 
zation thereof,  and  for  the  distribution  among  the  said  several 
common  law  courts  of  Baltimore  City,  of  the  jurors  whose 
drawing  is  provided  for  by  the  several  sections  of  this  sub- 
division of  this  Article,  and  to  regulate  the  length  of  time  for 
which  the  jurors  drawn  as  aforesaid  shall  serve. 

P.  L.  L.,   (1860)   Art.  4,  sec.  609.     1860,  ch.  308.     1882.  ch.  67.     1884,  ch. 
450.     P.  L.  L.,   (1888)  Art.  4,  sec.  592. 

608.  When  the  jury  books  shall  have  been  prepared  and 
certified  as  directed  in  the  foregoing  section,  it  shall  be  the  duty 
of  the  said  Judge  or  Judges  by  whom  the  same  shall  have  been 
so  certified,  to  cause  one  of  the  said  books  to  be  deposited  in  the 
custody  of  the  Clerk  of  the  Superior  Court  of  Baltimore  City, 


305 

and  one  in  the  custody  of  the  Sheriff  of  Baltimore  City,  and  one 
shall  be  retained  by  the  said  Judges  of  the  Supreme  Bench  of 
Baltimore  City,  or  by  such  one  of  their  number  as  they  shall 
appoint  for  the  purpose  of  verifying  the  list  of  persons  so  de- 
livered as  aforesaid  to  the  Clerks  or  the  Sheriff  of  Baltimore 
City.    And  when  the  said  books  shall  have  been  delivered  to  the 
said  Sheriff,  he  shall  immediately  summon  the  several  jurors 
drawn  for  the  several  panels  named  in  the  said  book,  to  serve  in 
the  court  for  which  they  have  been  respectively  drawn,  at  such 
time  as  shall  be  designated  by  the  court.     And  in  addition  to 
summoning  the  said  jurors  for  the  said  several  panels,  the  said 
Sheriff  shall  also  summon  such  additional  number  of  persons, 
whose  names  are  set  down  in  said  book,  and  as  nearly  as  may  be 
in  the  order  in  which  their  names  are  so  set  down,  as  the  said 
Judges  of  the  Supreme  Bench,  or  a  majority  of  them,  shall 
direct,  to  appear  in  the  room  of  the  Superior  Court  of  Baltimore 
City  at  the  same  time  with  the  panel  for  said  court.     And  the 
said  additional  number  of  jurors  shall  constitute  a  reserve,  from 
which  without  further  summons,  jurors  may  be  selected  to  serve 
in  lieu  of  any  persons  drawn  for  the  regular  panels  of  said  court 
aforesaid,  w^io  may  not  be  found,  fail  to  appear,  are  legally  dis- 
abled, or  are  excused  or  excluded  from  attending,  so  that  the 
panels  may  be  completed  by  selecting  from  said  reserve,  in  the 
following  order:  First,  for  the  Superior  Court  of  Baltimore 
City ;  second,  the  Criminal  Court  of  Baltimore ;  third,  the  Balti- 
more City  Court ;  and  fourth,  the  Court  of  Common  Pleas.   And 
until  said  panels  have  been  completed,  said  reserves  shall  be 
required,  upon  the  order  of  the  several  courts,  to  proceed  from 
one  to  the  other  in  the  order  above  mentioned ;  and  when  all 
said  panels  have  been  completed,  those  persons  summoned  for 
such  reserve,  and  not  empaneled,  shall  be  discharged,  but  shall 
not  thereby  be  excused  from  service  when  resummoned;  and  in 
empaneling  juries  for  said  reserve  their  names  shall  be  called  in 
the  order  in  which  they  appear  in  said  book ;  and  the  names  of 
said  reserves  shall  first  be  called  in  the  Superior  Court  of  Balti- 
more City,  the  Judge  of  which  Court  shall  determine  upon  their 
qualifications  as  jurors,  and  the  right  or  claim  of  any  members 
of  said  reserve  to  be  excused  or  exempted  from  service. 

Clare  v.  State,  30  Md.  166. 

1882,  ch.  07.     18S4,  cli.  450.     1'.  L.  L.,   (1888)   Art.  4,  sec.  593. 

609.  If  the  full  panels  of  jurors  for  the  said  several  courts 
shall  not  be  obtained  from  the  jurors  so  drawn  for  the  several 
panels  of  the  said  courts,  as  herein  provided,  or  from  said 
reserve,  by  reason  of  some  of  said  jurors  or  reserve  being  legally 


306 

disabled  or  excused  from  attending,  or  not  being  found,  or  from 
other  causes,  the  Sheriff,  upon  being  notified  by  any  of  said 
Judges  what  additional  number  of  jurors  is  required  for  the 
court  in  which  he  presides,  shall  proceed  to  complete  the  said 
panel  in  which  jurors  are  needed,  by  summoning  in  the  stead  of 
such  jurors  such  number  of  persons  as  said  Judge  may  direct,  of 
the  persons  whose  names  are  set  down  in  the  said  jury  book  next 
after  the  regular  panels,  and  after  those  persons  who  have  been 
summoned  as  the  reserve  hereinbefore  provided  for ;  and  he 
shall  summon  such  persons,  as  near  as  he  can  reasonably  do  so, 
in  the  order  in  which  they  are  set  down  in  said  book,  and  their 
names  shall  be  called  for  empaneling  in  the  order  in  which  they 
appear  in  said  book. 

1860,  cli.  308.     1882,  cli.  67.     1884,  ch.  450.     P.  L.  L.,   (1888)   Art.  4, 

sec.  594. 

610.  If  at  any  trial  of  any  cause  in  any  of  the  several  courts 
as  aforesaid,  tales  de  circumstantibus,  shall  be  ordered,  it  shall  be 
the  duty  of  the  Sheriff  to  summon  such  talesmen,  those  who  are 
entered  in  said  book  and  are  not  upon  the  regular  panels  as  afore- 
said ;  and  such  talesmen  shall  be  summoned  and  called  to  be 
sworn  or  affirmed  upon  the  voir  dire,  or  otherwise,  in  the  order 
in  which  their  names  are  set  do\Am  in  said  jury  book,  unless  the 
Sheriff"  or  his  deputy  in  that  behalf  shall  swear  that  he  has  made 
true  and  diligent  search  for  such  nersons  as  do  not  appear,  and 
that  they  cannot  be  found,  or  unless  being  summoned  such  per- 
sons have  failed  to  appear,  or  unless  the  State's  Attorney  or  his 
deputy,  and  counsel  for  the  traverser,  or  the  counsel  for  the 
parties  litigant,  with  the  consent  of  the  court,  shall  waive  said 
order  for  summoning  and  swearing  or  affirming  such  talesmen ; 
but  if  said  affidavit  shall  have  been  made  by  said  Sheriff  or  his 
deputy,  or  if  such  persons  shall  fail  to  appear  after  having  been 
summoned  as  aforesaid,  or  the  said  waiver  shall  be  made  with 
the  consent  of  the  court,  then  such  of  the  talesmen  as  have  been 
properly  summoned  and  have  appeared  shall  be  called  to  be 
sworn  in  the  order  in  which  their  said  names  are  recorded  in  the 
jury  book  aforesaid ;  or  whenever  in  either  of  said  courts  it  shall 
be  necessary  to  summon  talesmen,  the  Judges  of  the  said  courts, 
respectively,  instead  of,  or  in  addition  to,  resorting  to  the  fore- 
going provisions  of  this  section  for  the  summoning  of  talesmen 
may  order  the  Sheriff  to  summon  as  sucli  talesmen,  any  of  the 
jur^Tnen  in  attendance  upon  either  of  the  said  courts,  except  said 
Criminal  Court  of  Baltimore,  who  may  not  then  be  engaged  as  a 
part  of  any  special  panel ;  and  if  it  should  happen  at  any  time 
in  summoning  talesmen  for  any  of  the  said  courts,  the  Sheriff 


307 

shall  exhaust  the  whole  list  of  the  names  drawn  from  the  said 
wheel,  as  provided  in  this  sub-division  of  this  Article,  it  shall  be 
his  duty  immediately  to  make  report  thereof,  verified  by  his 
affidavit  or  affirmation,  to  the  Supreme  Bench  of  Baltimore 
City,  and  thereupon  the  said  Judges,  or  one  of  them,  shall 
immediately  cause  the  Sheriif,  or  his  deputy  to  be  designated  by 
him,  to  appear  before  such  Judge,  in  some  one  of  the  court- 
rooms ill  said  city,  and  cause  such  additional  number  of  names 
as  shall  be  designated  by  the  Judge  of  the  Court  for  which  such 
talesmen  are  needed,  to  be  drawn  from  the  names  selected  by 
said  Judges  as  aforesaid,  and  still  remaining  upon  said  list  of 
qualified  jurors,  and  from  such  further  names,  if  any,  as  the 
Judges  of  the  Supreme  Bench,  or  a  majority  of  them,  shall  select 
and  cause  to  be  added  to  said  list ;  and  the  said  drawing  shall  be 
made,  and  the  names  drawn  shall  be  recorded  in  the  manner 
provided  in  sections  605  and  606 ;  and  the  talesmen  shall  be 
summoned  from  such  additional  number  of  persons  so  drawn  in 
the  manner  hereinbefore  directed, 

P.  L.  L.,   (1860)   Art.  4,  sec.  611.     P.  L.  L.,   (1888)   Art.  4,  sec.  595. 

611.  Every  petit  juror  sworn  upon  any  special  panel  shall 
continue  to  serve  thereon  until  discharged  by  the  court,  notwith- 
standing the  expiration  of  his  term  of  three  weeks,  aforesaid; 
but  no  one  summoned  as  a  juror  shall  be  excused  from  service 
except  in  open  court,  on  good  cause  shown  to  the  satisfaction  of 
the  court;  and  if  any  juror  summoned,  and  not  excused,  shall 
fail  to  attend  the  said  court  until  duly  discharged,  he  shall  be 
fined,  for  the  use  of  the  said  city,  not  less  than  twenty  nor  more 
than  two  hundred  dollars,  to  be  recovered  by  attachment,  or  such 
other  appropriate  process  as  the  said  court  may  direct. 

Mills  V.  State,  76  Md.  280.     See,  City  Code   (1879),  pages  566-569. 

1882,  ch.  67.     1884,  ch.  450.     P."  L.  L.,    (1888)   Art.  4,  sec.  596. 

612.  It  shall  be  the  duty  of  said  Judges,  or  a  majority  of 
them,  to  assemble  as  hereinbefore  in  this  sub-division  of  this 
Article  provided,  on  the  Thursday  preceding  the  fourth  Monday 
of  each  term,  and  thereafter  so  long  as  a  jury  may  be  required 
for  any  of  said  courts,  from  three  weeks  to  three  weeks  during 
each  term  of  each  of  the  said  courts  which  may  require  the  at- 
tendance of  a  jury ;  at  such  meetings  the  said  Judges,  or  a  ma- 
jority of  them,  shall  cause  the  names  of  those  who  have  served  on 
any  of  the  regular  panels  of  the  aforesaid  courts  since  the  mak- 
ing of  the  list  of  qualified  jurors  as  aforesaid  to  bo  stricken  from 
said  list;  and  the  persons  whose  names  are  so  stricken  from 


308 

said  list  shall  not  be  liable  to  serve  again  as  jurors  for  two  years, 
accounting  from  the  beginning  of  the  term  for  which  their 
names  were  so  entered  on  the  list  of  qualified  jurors;  the  said 
Judges,  or  a  majority  of  them,  shall  then  add  to  said  list  of 
qualified  jurors  such  qualified  persons  as  shall  suffice  to  make 
up  the  number  of  seven  hundred  and  fifty  qualified  persons,  or 
thereabouts.  From  the  said  whole  number  the  jurors  to  serve 
for  three  weeks  from  the  ensuing  Monday  shall  then  be  drawn 
for  the  said  courts,  and  their  names  be  recorded  in  the  said 
jury  books  in  the  manner  hereinbefore  provided  by  this  sub- 
division of  this  Article,  under  the  superintendence  of  one  or 
more  of  said  Judges.  And  if,  at  the  time  of  any  drawing,  juries 
shall  not  be  required  for  all  of  said  courts,  then  it  shall  not  be 
necessary  to  draw  panels  for  the  court  not  requiring  them,  but 
jurors  shall  be  drawn  for  such  courts  only  as  may  need  them, 
in  the  manner  hereinbefore  provided  in  this  Article  relating  to 
jurors,  so  far  as  concerns  the  courts  requiring  such  juries ;  and 
besides  summoning  said  panels  for  the  said  courts,  the  Sheriff 
shall  also  summon  at  the  same  time  such  number  of  reserves  as 
he  may  be  required  by  the  Judges,  or  a  majority  of  them,  as 
provided  by  section  608 ;  and  said  reserves  shall  also  be  liable 
to  service  as  in  said  section  mentioned. 

18G0,  ch.  308.     P.  L.  L.,    (1860)   Art.  4,  sec.  613.     P.  L.  L.,    (1888)   Art. 

4,  sec.  597. 

613.  If  it  should  happen  that  the  said  lists  of  persons  com- 
petent to  act  as  jurors,  other  than  the  regular  panels  as  afore- 
said, should  at  any  time  be  exhausted  as  talesmen,  it  shall  also 
be  competent  for  the  Sheriff  to  summon  as  talesmen  any  of  the 
regular  panels  in  any  of  the  other  of  said  courts  in  Baltimore 
City  who  may  be  at  the  time  of  such  summons  not  engaged  as 
part  of  any  special  panel  in  any  of  the  said  courts ;  but  it  is 
herein  provided  that  whenever  any  part  of  the  regular  panel  of 
any  court,  shall  be  by  the  Sheriff  as  aforesaid  summoned  to 
attend  in  another,  as  talesman,  jurors  of  the  regular  panel  of  the 
court  in  which  talesmen  are  required,  or  so  many  of  them 
as  shall  be  needed,  shall  be  by  the  said  Sheriff  notified  to  attend 
in  the  courts  from  which  regular  jurors  have  been  withdrawn ; 
and  the  said  jurors  shall  attend  accordingly  in  the  said  courts 
until  the  regTilar  jurors  of  said  court  are  discharged  from  the 
court  in  which  they  shall  be  required  to  serve  as  talesmen  as 
aforesaid. 

1882,  ch.  67.     1884,  ch.  450.     P.  L.  L.,    (1888)   Art.  4,  sec.  598. 

614.  Any  person  who  shall  fraudulently  mark  or  desigiiate 
or  open  or  leave  open,   or  cause  or  knowingly  permit  to  be 


309 

marked  or  designated,  or  to  be  opened  or  left  open  any  ballot 
for  jurors  which  shall  be  prepared  for  the  purpose  of  being 
dra^^'n  under  this  sub-division  of  this  Article,  or  who,  by  any 
fraudulent  contrivance,  device,  or  collusion  whatever,  shall  pre- 
pare or  arrange,  or  cause,  or  knowingly  permit  to  be  prepared 
or  arranged  any  ballot  aforesaid,  so  that  the  same  or  any  thereof 
may  be  known  or  recognized  in  the  drawing  thereof,  or  may  be 
drawn  in  preference  to  others,  or  for  the  purpose  of  their  being 
so  known  or  recognized,  or  being  so  drawn  or  omitted  to  be  so 
dra^^^l;  and  any  person  who  shall  in  any  way  fraudulently  or 
collusively  deal  with  the  ballots  aforesaid,  or  any  of  them,  or 
with  the  drawing  thereof,  or  with  the  preparation  or  folding  of 
said  ballots,  or  with  the  wheel  aforesaid,  so  that  the  fair  opera- 
tion and  lawful  and  impartial  execution  of  the  provisions  of  this 
sub-division  of  this  Article  in  relation  to  the  selection  of  jurors 
in  the  City  of  Baltimore  shall  be  knowingly  prevented  or  inter- 
fered with,  or  with  intent  to  interfere  with  or  prevent  the  same, 
or  to  permit  or  allow  the  same  to  be  interfered  with  or  pre- 
vented, shall  be  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  sentenced  to  be  confined,  in  the  discretion  of  the 
Court,  in  the  Penitentiary  or  Maryland  House  of  Correction  for 
a  term  of  not  less  than  one  nor  more  than  three  years. 

1860,  ch.  308.     P.  L.  L.,   (1860)   Art.  4,  sec.  615.     P.  L.  L.,   (1888)   Art. 

4,  sec.  599. 

615.  All  special  juries  authorized  by  law  to  be  summoned 
shall  be  summoned  by  the  Sheriff  of  Baltimore  City  from  those 
whose  names  may  be  inscribed  in  the  jury  book  as  then  revised. 

1860,  ch.  308.     P.  L.  L.,   (1860)   Art.  4,  sec.  616.     P.  L.  L.,   (1888)  Art. 

4,   sec.   600. 

616.  If  any  Sheriff  of  Baltimore  City,  or  any  deputy  there- 
of, shall  wilfully  violate  the  provisions  of  this  sub-division  of 
this  Article  relating  to  juries,  the  said  Sheriff  shall  forfeit  the 
sum  of  one  thousand  dollars,  which  sliall  be  recovered  by  civil 
action  in  the  name  of  the  State  against  the  Sheriff  and  the  sure- 
ties on  his  bond  in  that  behalf,  and  one-half  of  the  penalty  shall 
be  paid  to  the  informer. 

1860,  ch.  308.     P.  L.  L.,   (1800)   Art.  4,  sec.  617.     P.  L.  T..,    (1888)   Art. 

4,   sec.   601. 

617.  Any  two  of  the  Judges  of  the  Supreme  Bench  of  Balti- 
more City  may  constitute  a  quorum  at  any  meeting  held  under 
the  provisions  of  this  sub-division  of  this  Article,  nnd  ni:iy 
exercise  all  the  powers  reposed  in  the  said  Judges, 


310 

18G0,  ch.  308.     P.  L.  L.,   (1860)   Art.  4,  sec.  618.     P.  L.  L.,    (1888)   Art. 

4,  sec.   602. 

618.  In  all  criminal  cases  in  which  the  person  indicted  has 
or  may  have  the  right  of  peremptory  challenge,  the  State's  At- 
torney shall  have  the  right  to  challenge  peremptorily  any  num- 
ber of  jurors  not  exceeding  five. 

P.  G.  L.,   (1860)   Art.  50,  sec.  18.     P.  L.  L.,   (1888)  Art.  4,  sec.  603. 

619.  The  Grand  Jury  shall  at  each  term  of  the  court  visit 
the  jail,  and  inquire  into  its  condition,  the  manner  in  which 
it  is  kept  and  the  treatment  of  the  prisoners,  and  report  the 
same  to  the  court. 

1867,  ch.  269.     P.  L.  L.,   (1888)  Art.  4,  sec.  604. 

620.  All  the  provisions  of  this  sub-division  of  this  Article 
relating  to  the  mode  of  drawing  and  summoning  jurors  shall 
be  construed  as  directory  merely,  and  no  indictment  or  present- 
ment for  any  felony  or  misdemeanor  shall  be  quashed,  nor  shall 
any  judgment  upon  any  indictment  or  presentment,  whether 
after  verdict,  by  confession  or  otherwise,  be  stayed  or  reversed, 
nor  shall  any  challenge  to  the  array  of  jurors  be  allowed  because 
of  any  failure  by  the  Judges,  or  the  clerks,  or  the  Sheriff,  to 
comply  with  the  provisions  of  law  relating  to  the  drawing  of 
jurors  in  the  City  of  Baltimore;  provided,  nevertheless,  that  if 
any  officer  concerned  in  the  drawing  of  said  jurors  shall  wil- 
fully neglect  to  perform  any  duty  imposed  upon  him  by  law,  he 
shall  be  liable  to  indictment  in  the  Criminal  Court  of  Balti- 
more, and  upon  conviction  shall  be  fined  the  sum  of  one  thous- 
and dollars. 

Pay  of  Jurors. 
1880,  ch.  441.     P.  L.  L.,  (1888)  Art.  4,  sec.  605. 

621.  Jurors  in  any  of  the  courts  of  the  City  of  Baltimore 
shall  receive  one  dollar  and  a-half  per  day  for  each  and  every 
day  they  shall  attend  the  several  courts  of  this  State  in  said  city 
as  jurors;  and  it  shall  be  the  duty  of  the  clerk  of  the  court  to 
which  the  jurors  shall  be  summoned,  to  furnish  on  the  day 
their  services  shall  terminate,  to  each  juror,  a  certificate,  show- 
ing the  days  he  has  been  in  attendance  on  the  court,  and  the 
amount  payable  to  him  for  such  service ;  and  the  City  Register 
shall  pay  the  jurors  the  sums  payable  for  such  service  in  cash, 
and  immediately  upon  the  presentation  and  surrender  of  such 
certificate,  with  the  receipt  of  the  juror,  and  said  payment  shall 
not  be  demanded  save  upon  the  surrender  of  said  certificates, 
and  the  said  certificates  shall  not  be  the  subject  of  assignment. 


311 

Volunteer  Militia  Exempt  from  Petit  Jury  Duty. 
1870,  ch.  182.     p.  L.  L.,    (1888)    Art.  4,  sec.  606.     1906,  ch.  61. 
622.     All  certificates  of  membership  of  any  legally  organized 
volunteer  company  of  the  militia  shall  be  signed  by  the  com- 
manding officer  thereof,  which  certificates  shall  be  issued  on  or 
before  the  first  day  of  April  in  each  year  to  such  persons  as 
may  then  compose  the  uniformed  and  active  members  of  said 
company;  every  such  company  may  receive  and  have  as  many 
honorary  members  as  it  has  active  and  uniformed  members,  and 
no  more,  on  payment,  in  advance,  by  each  person  desiring  to 
become  such  honorary  member,  of  not  less  than  ten  dollars  per 
annum ;  which  said  money  shall  be  received  by  the  commanding 
officer  of  the  company,  and  be  by  him  applied  to  the  payment  of 
armory  rent  or  the  purchase  of  uniforms  for  the  rank  and  file 
of  the  active  members  of  his  company,  or  to  such  purposes  as 
may  be  authorized  by  the  by-laws  of  said  company ;  and  the 
commanding  officer  of  every  company  shall  on  or  before  the  first 
day  of  June  and  December  of  every  year  render  to  the  Adjutant 
General  an  account  of  the  money  so  received  and  expended  by 
him,  and  every  such  honorary  member  shall  be  entitled  to  receive 
a  certificate  of  honorary  membership  of  the  company,  to  be 
signed  as  aforesaid,  and  bearing  date  at  the  time  of  its  issue; 
which  certificates  of  membership,  whether  of  uniformed  and 
active  members  or  of  honorary  members,  shall  exempt  the  per- 
son therein  named  from  petit  jury  duty  for  the  period  of  one 
year  from  the  date  of  his  said  certificate;  provided,  he  files  his 
said  certificate  with  the  clerk  of  the  court  before  the  drawing 
of  the  jury. 

Albert,  Sheriff,  v.  White,  33  Md.  297. 

JUSTICES  OF  THE  PEACE  AND  CONSTABLES. 

1886,  ch.  66.  1888,  ch.  98,  sec.  16.  1886,  ch.  314.  P.  L.  L.,  (1888)  Art. 
4,  sec.  607.  1890,  ch.  125.  1896,  ch.  117.  1904,  ch.  16. 

1912.  ch.  823. 

623.  The  Governor,  by  and  with  the  advice  and  consent  of 
the  Senate,  shall  appoint  twelve  Justices  of  the  Peace  for  each 
of  the  legislative  districts  of  lialtirnorc  City,  to  be  selected  as 
follows:  One  from  each  of  the  wards  comprising  each  of  said 
districts,  and  six  Justices  of  the  Peace  at  large  from  each 
of  said  districts,  and  shall  further  appoint  fifty-three  Justices 
of  the  Peace,  and  no  more,  from  Baltimore  City  at  largo,  who 
shall  be  appointed  from  such  wiuvl  oi'  wnrds  as  tlic  (lovci-nor 
may  elect  or  determine. 

.Tiistices  of  the  Peace  and  Constal)los  do  not  liol<l  over,  excciit  ;is  ilc 
fdcfo  oflif-ers.     Their  term  expires  two  years  from  llicir  ;iiii>oiiitiiMiit. 
Claude  v.  Waysoii,   318  Md.  447. 


312 

1902,  ch.   611.     1904,  cli.   521.     1910,  ch.   41. 

623A.  In  addition  to  the  Justices  of  the  Peace  mentioned 
in  section  623  of  this  Article,  there  shall  be  appointed  by  the 
Governor,  by  and  with  the  advice  and  consent  of  the  Senate, 
and  if  the  Senate  shall  not  be  in  session,  by  the  Governor,  from 
the  City  of  Baltimore,  at  large,  an  additional  Justice  of  the 
Peace,  to  be  known  as  the  magistrate  for  juvenile  causes,  who 
shall  be  a  member  of  the  bar  of  the  Supreme  Bench  of  Balti- 
more City  and  shall  receive  from  the  Mayor  and  City  Council 
of  Baltimore  a  salary  of  three  thousand  dollars  per  annum,  pay- 
able monthly,  and  the  jurisdiction  and  powers  of  such  justice 
shall  be  as  follows :  ( 1 )  He  shall  possess  the  general  powers  of 
police  justice  of  the  peace  or  justice  of  the  peace  selected  to  sit  at 
a  station-house  in  the  City  of  Baltimore,  as  the  same  are  now 
or  may  hereafter  be  defined  by  law.  (2)  He  shall  have  exclusive 
jurisdiction  where  jurisdiction  is  given  by  law  to  any  justice 
of  the  peace  in  Baltimore  City,  in  all  cases  of  trial  or  commit- 
ment for  trial,  or  commitment  to  any  juvenile  institution  of 
any  minor  under  the  age  of  sixteen  years,  and  such  magistrate 
shall  sit  at  such  times  as  may  be  necessary  for  the  proper  dis- 
charge of  his  duties  at  such  proper  place  in  the  Courthouse  in 
Baltimore  City  as  may  be  provided  by  the  Superintendent  of 
Public  Buildings.  (3)  He  is  empowered  to  appoint  a  suitable 
person  to  act  as  his  clerk,  who  shall  receive  from  the  Mayor  and 
City  Council  of  Baltimore  City  a  salary  of  one  thousand  dollars 
per  annum,  payable  monthly,  and  shall  attend  at  such  times  and 
places  and  perform  such  duties  as  may  be  directed  by  said  justice, 
and  shall  be  removable  by  him  at  his  discretion.  Wlienever 
any  minor  is  arrested,  he  may  be  taken  to  such  place  other  than 
a  station-house  as  may  be  designated  by  said  justice  and  pro- 
vided by  the  Superintendent  of  Public  Buildings  or  the  Mayor 
and  City  Council  of  Baltimore;  but,  in  the  absence  of  such  desig- 
nation, such  minor  may  be  held  at  a  station-house  as  hereto- 
fore until  brought  before  the  justice ;  and  when  such  justice 
shall  commit  any  minor  for  trial  or  for  hearing,  he  may  commit 
such  minor  to  a  suitable  juvenile  institution  or  other  suitable 
prison,  instead  of  the  Baltimore  City  Jail.  The  Board  of 
Police  Commissioners  for  the  City  of  Baltimore  shall  designate 
two  or  more  members  of  the  police  force  to  attend  said  justi(;e 
and  execute  his  powers  and  directions.  The  Governor  shall 
also  appoint,  by  and  with  the  advice  and  consent  of  the  Senate, 
and  if  the  Senate  shall  not  be  in  session,  by  the  Governor,  from 
the  City  of  Baltimore  at  large,  an  additional  Justice  of  the 
Peace  who  shall  be  a  member  of  the  bar  of  the  Supreme  Bench 


313 

of  Baltimore  City,  or  the  Governor  may  select  from  among 
the  present  Justices  of  the  Peace  of  Baltimore  City,  who  shall 
likewise  be  a  member  of  the  bar  of  said  Supreme  Bench,  who 
shall  receive  from  the  Mayor  and  City  Council  of  Baltimore 
City  a  salary  of  one  thousand  dollars  per  annum,  payable  month- 
ly, and  whose  jurisdiction  and  powers  shall  be  the  same  as 
those  conferred  upon  the  Magistrate  for  Juvenile  Causes  and 
who  shall  be  designated  by  the  Governor  to  sit  in  said  court 
in  the  absence  by  illness  or  otherwise  and  at  other  times  upon  the 
request  of  and  in  the  place  of  the  said  Magistrate  for  Juvenile 
Causes. 

1912,  ch.  482. 

623AA.  The  Magistrate  for  Juvenile  Causes  shall  have,  in 
addition  to  the  powers  and  the  authority  vested  in  him  by 
other  sections  of  this  article,  the  power  and  authority  to  enforce 
obedience  to  his  orders  and  judgments  by  attachment  and  to 
inflict  summary  punishment  for  contempt  of  court  by  a  fine  not 
exceeding  in  any  one  case  the  sum  of  twenty  dollars  ($20)  ; 
and  said  Magistrate  for  Juvenile  Causes  may  make  such  rules 
and  orders  from  time  to  time  for  the  well-governing  and  regu- 
lating his  Court  and  the  officers  and  suitors  thereof  and  under 
such  fines  and  forfeitures  as  he  shall  think  fit,  not  exceeding 
twenty  dollars  ($20)  for  any  one  offense;  all  of  which  fines 
shall  go  to  the  State;  provided,  however,  that  the  power  afore- 
said to  punish  for  contempt  shall  not  be  construed  to  extend 
to  any  cases  arising  in  the  Court  of  said  Magistrate  for  Juvenile 
Causes  except  the  cases  specifically  set  forth  and  provided  for  in 
section  4  of  Article  26,  of  the  Code  of  Public  General  Laws 
of  Maryland  as  within  the  power  of  the  several  courts  of  the 
State  to  inflict  summary  punishments  for  contempt  of  Court, 

1876,  ch.  28.     P.  L.  L.,    (1888)   Art.  4,  sec.  608.     1912,  ch.  823. 

624.  Each  of  said  Justices  of  the  Peace,  before  entering 
upon  the  duties  of  his  office,  shall  give  to  the  State  of  Maryland  a 
good  and  sufficient  bond,  with  a  surety  or  sureties  to  be  approved 
by  the  judge  of  the  Superior  Court  of  Baltimore  City,  in  the 
penalty  of  five  thousand  dollars  ($5,000),  with  conditions  that 
he  will  truly  and  faithfully  discharge,  execute  and  perform  all 
and  singular  the  duties  and  obligations  of  the  office  of  Justice  of 
the  Peace,  and  that  he  will  acctouut  for  and  pay  over  to  the  Clerk 
of  the  Court  of  Common  Pleas  and  to  the  Register  of  the  City  of 
Baltimore,  respectively,  all  fines,  penalties  and  forfeitures  and 
all  fees  or  the  portion  thereof,  which  he  is  bound  to  account  for 
and  pay  over  to  said  respective  officers;  and  that  he  will  faith- 


314 

fully  and  truly  account  for  and  pay  over  to  the  person  or  cor- 
poration entitled  to  receive  the  same,  all  money  belonging  to 
such  person  or  corporation  which  may  come  into  his  hands  as 
Justice  of  the  Peace. 

As  to  liability  of  Justices  of  the  Peace  for  official  acts,  see,  Roth  v. 
Shupp,  94  Md.  57. 

P.  L.  L.,   (1860)  Art.  4,  sec.  621.     P.  L.  L.,    (1888)  Art.  4,  sec.  609. 

1912,  ch.  823. 

625.  It  shall  be  the  duty  of  the  Governor,  after  the  appoint- 
ment of  the  Justices  of  the  Peace  provided  for  in  section  623, 
to  select  from  the  Justices  of  the  Peace  so  appointed  one  Justice 
of  the  Peace  who  shall  be  known  as  "Presiding  Justice  of  the 
Peace  of  the  People's  Court,"  and  four  other  Justices  of  the 
Peace  who  shall  be  known  as  "Associate  Justices  of  the  Peace  of 
the  People's  Court."  Said  Presiding  Justice  of  the  Peace  of 
the  People's  Court  shall  receive  from  the  Mayor  and  City  Coun- 
cil of  Baltimore  a  salary  of  $2,500  per  annum,  payable  monthly, 
and  each  of  said  Associate  Justices  of  the  Peace  of  the  People's 
Court  shall  receive  from  the  Mayor  and  City  Council  of  Balti- 
more a  salary  of  $2,100  per  annum,  payable  monthly,  and  said 
Justices  shall  receive  no  other  compensation  or  fees  whatever  for 
the  performance  of  any  duties  as  justices  of  the  peace.  And 
said  Justices  shall  sit  for  trial  of  cases  on  each  day  (except  Sun- 
days and  legal  holidays)  from  the  hour  of  1  o'clock  P.  M.,  at 
such  proper  place  in  or  near  the  Court  House  in  Baltimore 
City  as  may  be  provided  by  the  Mayor  and  City  Council  of 
Baltimore ;  and  one  or  more  of  said  Justices,  to  be  assigned  by 
said  Presiding  Justice,  shall  be  on  duty  from  9  :30  o'clock  A.  M. 
until  12  :30  o'clock  P.  M.,  for  the  purpose  of  issuing  summons 
and  performing  any  other  duties,  except  the  trial  of  cases.  Cases 
may,  however,  be  tried  at  any  hour  upon  the  joint  consent  of 
all  the  parties  and  of  the  Justice. 

For  notes  ou  decisions  relating  to  Justices  of  the  Peace  and  powers 
conferred  by  sections  626  and  627,  see,  notes,  pages  219  to  222  inclusive, 
Baltimore  City  Code  (1879). 

This  Act  valid  as  to  Justices.     Provision  as  to  Constables  void. 
Levin  v.  Hewes,  118  Md.  624. 

But  city  may  provide  for  the  Constables  by  ordinance. 
Gould  V.  Baltimore,  119  Md.  534. 

1912,  ch.  823. 

625A.     It  shall  be  the  duty  of  said  Presiding  Justice  of  the 

Peace  to  assign  for  trial  to  himself  or  to  one  of  said  Associate 

Justices  of  the  Peace,  all  cases  removed  to  him  as  said  Presiding 

Justice  of  the  Peace  under  the  provisions  of  section  627  of  this 


315 

Article,  or  returnable  before  any  Justice  of  the  Peace  of  tlie 
People's  Court,  and  generally  to  supervise  the  work  of  the  said 
Associate  Justices  of  the  Peace  and  of  the  constables  herein- 
before provided  for. 

1912,  ch.  823, 
625B.  Each  of  the  Justices  of  the  Peace  provided  for  in  sec- 
tion 623  hereof,  other  than  those  specially  provided  for  in  sec- 
tions 623A,  625  and  630  to  638,  inclusive,  of  this  Article,  shall 
receive  from  the  Mayor  and  City  Council  of  Baltimore  a  salary 
of  $10.00  per  annum,  as  full  compensation  for  the  performance 
by  them  of  all  duties  of  a  civil,  judicial  nature ;  but  said  Justices 
of  the  Peace  shall  have  the  right  to  charge  and  retain  all  fees 
arising  from  the  taking  of  acknowledgments  and  affidavits. 

625C.      Void.  Levin  v.  Hewes,  118  Md,  624 

r.  L.  L.,    (1860)   Art.  4,  sec.  622.     P.  L.  L.,   (1888)  Art.  4,  sec.  610. 
1894,  ch.  132.     1914.  ch.  332. 

626.  ISTo  Justice  of  the  Peace,  in  any  case  of  debt  or  dam- 
ages whatever,  shall  issue  a  summons  except  on  application  for 
the  same,  in  writing,  by  the  plaintiff  or  his  attorney,  accom- 
panied with  the  bond,  bill  of  exchange,  promissory  note  or  other 
writing  or  account,  or  by  a  copy  of  such  bond,  bill  of  exchange, 
promissory  note,  or  other  writing  or  account,  by  which  the  de- 
fendant is  so  indebted ;  or  if  the  action  be  brought  upon  a  verbal 
or  implied  contract,  or  for  damages  arising  in  any  manner 
whatsoever,  a  statement  of  the  particulars  of  the  plaintift''s  claim 
thereunder  shall  accompany  the  said  written  application ;  and 
no  Justice  of  the  Peace  shall  issue  an  execution  of  any  kind, 
except  on  application  for  the  same,  in  writing,  by  the  party 
entitled  thereto  or  his  attorney. 

State  V.  Carrick,  70  Md.  589. 

1868,  ch.  375.     P.  L.  L.,  (1888)  Art.  4.  sec.  611.     1894,  ch.  132. 
1912,  ch.  823.     1914,  ch.  354. 

627.  Every  writ,  warrant,  summons  or  other  process  issued 
by  any  Justice  of  the  Peace  shall  be  made  returnable  before  the 
Presiding  Justice  of  the  Peace  of  the  People's  Court,  which 
said  Presiding  Justice  of  the  Peace  of  the  People's  Court  shall 
have  the  right  to  try  any  such  case  or  to  assign  the  same  for 
trial  to  any  other  Justice  of  the  Peace  of  the  People's  Court. 

P.  L.  L.,   (ISOO)   Art.  4,  sec.  624.     P.  L.  L.,   (1888)   Art.  4,  sec.  612. 

1912,  ch.  823. 

628.  The  said  Justices  of  the  Peace,  other  than  the  five 
Justices  of  the  People's  Court,  when  called  out  of  their  offices 


316 

for  the  purpose  of  taking  acknowledgments  and  affidavits,  may 
receive  such  compensation  for  their  services,  in  addition  to  the 
fees  prescribed  by  law,  as  the  party  requiring  their  services  may 
allow  them. 

629.  Eepealed  by  Act  of  1912,  Chapter  823. 

1882,  ch.  219.  1890,  ch.  230.  P.  L.  L.,  (1888)  Art.  4,  sec.  614.  1892,  ch. 

651.  1894,  ch.  197.  1896,  ch.  131.  1898,  ch.  123,  sec.  630. 

1898,  ch.  429.  1912,  ch.  777. 

630.  It  shall  be  the  duty  of  the  Governor,  after  the  appoint- 
ment of  the  Justices  of  the  Peace  provided  for  in  section  623 
of  this  said  Article  4,  to  select  from  the  Jl^stices  of  the  Peace 
so  appointed  a  Justice  of  the  Peace  to  sit  at  each  station-house 
in  the  City  of  Baltimore,  and  in  addition,  two  justices,  or  such 
other  number  of  justices  as  may  be  by  law  hereafter  provided 
for,  of  peace,  to  act  at  such  times  and  places  as  is  hereinafter 
provided  for.  Each  justice  so  selected  shall  keep  his  office  at 
the  station-house  for  which  he  was  appointed,  and  shall  attend 
at  such  station-house  from  8  o'clock  A.  M.  until  10  o'clock  A.  M. 
on  every  day  of  the  year  except  Sundays  and  legal  holidays, 
and  from  3  o'clock  P.  M.  until  5  P.  M.  on  every  day  except 
Sundays  and  legal  holidays ;  and  upon  every  Sunday  and  legal 
holiday  shall  attend  at  the  station-house  for  which  he  was  ap- 
pointed from  9  o'clock  A.  M.  until  11  o'clock  A.  M.  (and  for 
the  purpose  of  this  section  Saturday  afternoons  shall  not  be 
considered  legal  holidays  unless  the  whole  of  said  Saturday  may 
be  a  legal  holiday),  and  at  each  of  said  respective  sittings  shall 
sit  to  hear,  try  and  determine  cases,  and  to  perform  all  the 
duties  which  he  is  required  by  law  to  perform.  The  said  re- 
spective Justices  of  the  Peace,  so  selected  to  sit  at  any  station- 
house  in  the  City  of  Baltimore,  shall  transact  no  other  business 
at  such  station-house  except  the  business  required  of  them,  by 
the  several  sections  of  this  sub-title  of  this  Article,  to  be  by 
them,  respectively,  performed  at  such  station-house.  The  at- 
tendance at  any  such  station-house  of  an  additional  Justice  of 
the  Peace  shall  be  regulated  and  controlled  by  the  Board 
of  Police  Commissioners  for  the  City  of  Baltimore;  but  the 
Board  of  Police  Commissioners  in  regulating  the  attendance  of 
an  additional  Justice  of  the  Peace  at  a  station-house  shall  not  as- 
sign any  Justice  of  the  Peace  to  said  station-house,  under  this 
section  or  section  63Y  of  this  said  Article  4,  other  than  a  Justice 
of  the  Peace  selected  by  the  Governor  to  sit  at  a  station-house 
in  said  city,  as  long  as  one  of  the  said  Justices  of  the  Peace  so 
assigned  by  the  Governor  shall  be  available  for  said  purpose. 


317 

1892,  ch.  651.     P.  L.  L.,    (1S88)   Art.  4,  sec.  614A. 

631.  When  there  is  an  arrest  by  an  officer  of  the  Police 
Department  in  the  City  of  Baltimore  of  any  person  for  viola- 
tion of  an  ordinance  of  the  Mayor  and  City  Council  of  Balti- 
more or  a  statute  of  the  General  Assembly  of  the  State  of  JMary- 
land,  punishable  by  fine  and  not  by  imprisonment,  during  the 
hours  when  the  Police  Magistrates  are  not  at  their  respective 
station-houses,  the  police  captain,  lieutenant  or  other  officer  on 
duty  and  in  charge  of  such  station  is  hereby  authorized  and 
empowered  to  release  for  the  next  hearing  before  the  Police 
Magistrate  any  person  so  arrested  upon  a  deposit  of  an  amount 
equal  to  the  fine  or  costs  or  penalty  imposed  if  found  guilty,  as 
surety  for  such  appearance,  and  after  the  hearing  the  deposit  is 
to  be  returned  to  the  depositor  if  the  complaint  is  dismissed,  if 
otherwise  it  is  to  be  appropriated  as  designated  by  law. 

Brish  V.  Carter,  98  Md.  452. 

18S2,  ch.  615.    1894,  ch.  281.     P.  L.  L.,  (1888)  Art.  4,  sec.  615.    1890,  ch. 
369.     P.  G.  L.,   (1904)  Art.  27,  sees.  67A  and  68.     1912,  ch.  777. 

632.  Each  of  said  Justices  of  the  Peace  shall  have  power 
to  hear,  try  and  determine  the  case  of  every  person  who  may 
be  arrested  and  brought  before  him  in  the  said  City  of  Balti- 
more, charged  with  the  violation  of  section  275  of  Article  27 
of  the  Code  of  Public  General  Laws  of  1888,  title  "Crimes  and 
Punishments,"  and  to  hear,  try  and  determine  the  cases  of  all 
persons  arrested  and  brought  before  him,  charged  with  any 
offense  specified  in  sections  865  to  868,  inclusive,  of  this  said 
Article  4,  or  in  sections  881  to  884,  inclusive,  of  this  said  Arti- 
cle 4 ;  and  to  hear,  try  and  determine  the  cases  of  all  persons 
brought  before  him  charged  with  the  violation  of  Chapter  351 
of  the  xVcts  of  1898,  or  charged  with  any  disturbance  of  the 
public  peace;  and  to  hear,  try  and  determine  the  cases  of  all  per- 
sons brought  before  him  charged  with  assault  or  with  assault 
and  battery ;  provided  that  no  justice  of  the  peace  shall  impose 
any  fine  exceeding  $100  or  any  term  of  imprisonment  exceeding 
one  year,  in  any  case  of  assault,  or  assault  and  battery,  and  to 
hear,  try  and  determine  all  charges  of  carrying  concealed 
weapons  and  all  violations  of  section  4  of  this  act ;  and  to  hear, 
try  and  determine  all  prosecutions  or  criminal  proceedings  for 
an  act  done  or  omitted  to  be  done  in  the  City  of  Baltimore,  the 
doing  of  which  act,  or  the  omission  to  do  which  act,  is  or  may  be 
punishable  under  any  act  of  assembly  of  this  State  or  under  any 
ordinance  of  the  Mayor  or  City  Council  of  Baltimore,  by  pecu- 
niary fine  only,  not  exceeding  one  hundred  dollars;  to  hear,  try 
and   determine   the   cases   of  all    persons  brought   before   him 


318 

charged  with  the  violation  of  laws  relating  to  hawkers  and 
peddlers,  and  to  hear,  try  and  determine  the  cases  of  all  persons 
brought  before  him  charged  with  the  offense  of  indecent  expo- 
sure ;  to  hear,  try  and  determine  the  cases  of  all  persons  brought 
before  him  for  Sunday  gaming,  Sunday  work,  Sunday  sales 
or  Sabbath-breaking;  and  to  hear,  try  and  determine  the  cases 
of  all  persons  brought  before  him  charged  with  being  a  vagrant 
or  with  being  an  habitually  disorderly  person  (not  insane). 
But  it  shall  be  the  duty  of  the  said  justice  before  proceeding  to 
hear,  try  and  determine  any  of  the  charges  aforesaid,  to  inform 
the  party  or  parties  charged  therewith  of  his  or  their  respective 
rights  to  a  jury  trial ;  and  if  a  jury  trial  be  prayed  by  the  party 
or  parties  charged,  or  if  the  State's  Attorney  for  said  city  shall 
before  trial  for  the  alleged  offense  pray  a  jury  trial  on  the  part 
of  the  State,  the  justice  shall  forthwith  commit  or  hold  the 
said  party  or  parties  to  bail  for  trial  in  the  Criminal  Court  of 
Baltimore,  and  endorse  on  the  commitment  or  recognizance  the 
fact  of  a  jury  trial  having  been  prayed.  It  is  hereby  expressly 
provided  that  the  said  justice  shall  not  have  power  to  try  and 
determine  any  violation  of  the  Pul)lic  General  Laws  of  this 
State  relating  to  licenses  (except  violations  of  laws  relating 
to  hawkers  and  peddlers  heretofore  mentioned),  and  shall  not 
have  power  to  try  and  determine  any  violation  of  section  682 
of  this  said  Article  4,  but  shall  cause  all  such  offenders  against 
the  Public  General  or  Local  Laws  to  be  committed  or  held  to 
bail  for  trial  in  the  Criminal  Court  of  Baltimore. 

Lancaster  v.  State,  90  Md.  211. 

Trials  before  Justices  of  the  Peace. 

As  to  waiver  of  a  jury  trial  before  a  Justice  of  the  Peace  and  construc- 
tion of  Acts  1890,  ch.  369  and  1894,  ch.  281,  see,  State  ex  rel.  Lancaster 
V.  Hall,  Daily  Record,  June  28,  1899. 

As  to  discretion  of  a  Justice  of  the  Peace  concerning  punishment  in 
cases  of  assault,  see,  State  v.  Hebron,  Daily  Record,  September  3,  1903. 

A  commitment  by  a  Justice  of  the  Peace  imposing  an  excessive  pen- 
alty where  accused  was  committed  to  House  of  Correction  was  held  void 
only  as  to  excessive  part  of  penalty,  Adams  v.  Superintendent  of  House 
of  Correction,  Daily  Record,  April  3,  1903. 

The  Act  1898,  ch.  167,  was  held  to  be  constitutional  in  re,  Loane  v. 
Affelder,  Daily  Record,  July  2,  1898. 

As  to  appeals  from  magistrates'  judgments  and  trial  of  same,  see, 
Messick  v.  State,  82  Md.  583.  Judefind  v.  State,  78  Md.  510.  As  to 
right  of  jury  trial  in  appeals  from  magistrates'  decisions,  see,  Danner  v. 
State,  89  Md.  220.  As  to  jurisdiction  of  magistrates,  see.  Roth  v.  State, 
89  Md.  524. 

What  constitutes  a  waiver  of  Jury  trial. 

Baum  V.  Warden  of  City  Jail,  110  Md.  579. 


319 

1912,  ch.  777. 
632A.  In  all  cases  in  wliicli  any  person  is  tried  and  com- 
mitted before  any  Jnstice  of  the  Peace  assigned  to  any  of  tlie 
police  stations  in  the  City  of  Baltimore,  and  sentenced  by  him  to 
any  imprisonment  (other  than  imprisonment  in  default  of  pay- 
ment of  fines)  or  to  any  fine  of  over  $50  (exclusive  of  costs), 
he  may  within  ten  days  after  sentence,  exclusive  of  the  day 
of  sentence,  pray  an  appeal  to  the  Criminal  Court  of  Baltimore 
upon  waiving  his  right  to  plead  on  the  trial  of  said  appeal  in 
said  Criminal  Court,  his  former  jeopardy  resulting  from  his 
said  trial  and  conviction  before  said  justice,  no  formal  waiver 
of  said  right  to  plead  said  former  jeopardy  shall  be  necessary; 
and  a  prayer  for  an  appeal  under  this  section  to  said  Criminal 
Court  shall  be  construed  as  a  waiver  of  said  right  to  plead  said 
former  jeopardy,  and  in  the  event  of  such  appeal  being  so 
prayed,  the  said  justice  shall  forthwith  endorse  on  the  com- 
mitment the  fact  of  an  appeal  being  prayed,  together  with  a  list 
of  the  names  and  addresses  of  the  witnesses  for  the  State,  and 
forthwith  transmit  the  papers,  together  with  a  copy  of  the  com- 
mitment, with  the  names  and  addresses  of  the  witnesses  for  the 
prosecution  endorsed  thereon,  to  the  office  of  the  Clerk  of  the 
Criminal  Court  of  Baltimore,  and  the  said  person  shall  there- 
afterward  be  tried  de  novo  in  the  Criminal  Court  of  Baltimore, 
in  the  same  manner  as  if  the  said  case  had  been  originally 
brought  before  the  said  court  without  the  necessity  of  present- 
ment or  indictment  by  the  grand  jury;  and  the  said  court,  upon 
said  trial  de  novo,  may  impose  any  sentence  avithorized  by  law 
to  be  imposed  as  punishment  for  the  offense  charged  irrespective 
of  the  sentence  imposed  by  the  Justice  of  the  Peace  below,  pro- 
vided, however,  that  the  trial  in  the  Criminal  Court  of  Balti- 
more shall  be  by  jury,  if  demanded  by  the  party  charged ;  pro- 
vided further  that  upon  the  trial  in  the  Criminal  Court  of  Balti- 
more of  such  appeals  under  this  section,  the  same  fees  and  costs 
shall  be  taxed  in  said  cases  on  appeal  as  would  obtain  in  like 
cases  where  trial  is  had  upon  presentment  and  indictment  by 
the  grand  jury ;  provided,  further,  that  no  appeal  shall  be  prose- 
cuted under  this  section  after  payment  of  the  fine  or  after 
expiration  of  the  sentence  imposed  by  the  justice.  And,  in  case 
of  appeal  prosecuted  under  this  section,  the  convicted  party  shall 
be  entitled  to  be  admitted  to  bail  for  his  appearance  in  the 
Criminal  Court  of  Baltimore,  pending  the  hearing  of  such  ap- 
peal, upon  furnishing  surety  to  be  fixed  by  the  said  justice  for 
his  appearance  in  the  Criminal  Court  of  Baltimore,  or  upon 
furnishing  such  surety  for  his  said  appearance  as  the  Criminal 
Court  of  Baltimore  may  require. 


320 

1912,  ch.  777. 

632B.  In  all  cases  in  which  the  convicted  person  shall  have 
the  right  of  appeal  to  the  Criminal  Court  of  Baltimore,  under 
said  section  632A,  said  convicted  person  personally  or  by  his 
agent  or  attorney  may,  if  committed  to  jail,  notify  in  writing 
warden  of  the  Baltimore  City  Jail,  or  if  committed  to  the  House 
of  Correction,  the  superintendent  of  the  Maryland  House  of 
Correction,  of  his  desire  to  pray  an  appeal  to  the  Criminal 
Court  of  Baltimore  from  the  judgment  of  said  Justice  of  the 
Peace  (and  no  formal  prayer  for  appeal  shall  he  required  beyond 
a  statement  in  writing  indicating  an  intention  on  the  part  of 
the  said  convicted  person  to  appeal  from  sentence  imposed  upon 
him)  ;  and  upon  receipt  of  said  notice  or  prayer  for  appeal  by 
the  said  warden  of  the  Baltimore  City  Jail  or  said  superinten- 
dent of  the  Maryland  House  of  Correction,  the  person  so  re- 
ceiving the  same  shall  endorse  thereon  the  time  of  such  receipt 
by  him,  forthwith  transmit  by  mail  or  otherwise  said  order  of 
appeal,  together  with  a  copy  of  the  commitment  in  said  case,  to 
the  said  Justice  who  has  sentenced  the  said  person ;  and  said 
Justice,  upon  receipt  of  said  order  or  prayer  for  appeal,  shall 
endorse  thereon  the  date  of  its  receipt  by  him  and  transmit  to 
the  Criminal  Court  of  Baltimore  a  copy  of  the  commitment 
of  the  said  Justice  in  said  case,  with  a  list  of  the  names  and 
addresses  of  the  witnesses  for  the  prosecution  endorsed  thereon, 
together  with  said  order  or  prayer  for  appeal. 

1912,  ch.  777. 

632C.  In  all  cases  in  which  the  convicted  person  is  entitled 
to  an  appeal  under  said  section  63 2 A,  and  fails  to  prosecute 
his  appeal  within  the  time  provided  in  said  section,  it  shall  there- 
inafterward  conclusively  presumed  that  the  said  Justice  in- 
formed the  said  party  charged  of  his  right  to  a  jury  trial  in 
said  case,  and  that  the  said  party  waived  the  same. 

1912,  ch.  777. 

632D.  In  all  cases  in  which  any  said  Justice  of  the  Peace 
assigned  to  any  station-house  in  Baltimore  City  may  impose 
as  a  penalty  for  the  crime  any  sentence  of  imprisonment,  the 
said  Justice  may  in  his  discretion,  impose  imprisonment  either 
in  the  Baltimore  City  Jail  or  in  the  Maryland  House  of  Cor- 
rection ;  but  in  all  cases  in  which  the  said  imprisonment  is  im- 
posed only  in  default  of  the  payment  of  fine  or  costs,  the  said 
imprisonment  shall  be  only  in  the  Baltimore  City  Jail. 


321 

1912,  ch.  777. 
632E.  Wlienever  application  is  made  iTpon  oatli  before  any 
Justice  of  the  Peace,  assigned  to  any  of  the  station-houses  in  the 
City  of  Baltimore  for  the  issuance  of  a  warrant  for  the  arrest 
of  any  person  or  persons  charged  with  the  violation  of  any  ordi- 
nance of  the  Mayor  and  City  Council  of  Baltimore,  the  viola- 
tion of  which  ordinance  is  punishable  by  a  pecuniary  line  only 
of  not  more  than  $100,  the  said  Justice  of  the  Peace  may,  in  his 
discretion,  instead  of  then  issuing  said  warrant,  issue  a  summons 
to  the  person  for  whom  the  said  warrant  is  asked,  to  show 
cause  before  him  on  the  day  when  said  summons  is  made  return- 
able why  the  said  warrant  should  not  be  issued. 

1912,  ch.  777. 

632F.  In  all  cases  where  application  is  made  to  any  Justice 
of  the  Peace  assigned  to  any  station-house  in  the  City  of  Balti- 
more, for  a  warrant  for  the  arrest  of  any  person  charged  with 
the  commission  of  a  bailable  offense,  it  shall  be  the  duty  of  the 
said  Justice  of  the  Peace  before  issuing  said  warrant  to  deter- 
mine the  amount  of  bail  to  be  required  in  the  case  of  the  person 
so  charged ;  and  the  said  Justice  of  the  Peace  before  issuing  said 
warrant  shall  also  endorse  upon  said  warrant  the  amount  of  bail 
so  determined  as  aforesaid.  Wlien  any  person  shall  be  arrested 
and  brought  to  any  station-house  in  the  City  of  Baltimore,  under 
a  warrant  so  endorsed  as  aforesaid,  during  the  absence  of  the 
Justice  of  the  Peace  assigned  thereto,  the  police  captain,  lieu- 
tenant or  other  police  officers,  in  charge  of  said  station-house, 
shall  release  for  the  next  hearing  before  said  Justice  of  the 
Peace,  such  person  so  arrested  as  aforesaid,  upon  his  furnishing 
security  for  his  appearance  at  said  hearing  in  double  the  amount 
endorsed  upon  said  warrant.  The  Justice  of  the  Peace  aforesaid 
may  at  any  time  change  the  amount  of  required  bail,  so  deter- 
mined and  endorsed  as  aforesaid  and  shall  in  such  case  endorse 
such  change  upon  said  warrant  if  then  accessible  to  said  Justice, 
and  if  not,  then  endorse  the  same  upon  said  warrant  upon  the 
return  of  said  warrant,  but  in  no  case  where  the  offense  charged 
is  punishable  by  fine  alone  and  not  by  imprisonment  shall  the 
Justice  at  any  time  determine  and  endorse  upon  the  warrant  an 
amount  of  required  bail  greater  than  the  maximum  fine  im- 
posed by  law  for  the  commission  of  the  offense  charged.  .Noth- 
ing in  this  section  shall  be  construed  as  inconsistent  with  sec- 
tion 631  of  Article  4  of  the  Public  Local  Laws  of  Maryland, 
entitled  "City  of  Baltimore,"  sub-title  "Justices  of  -the  Peace 
and  Constables,"  as  repealed  and  re-enacted  with  auicndmenta 
by  Chapter  123  of  the  Acts  of  1898. 

(12) 


322 

1912,  cli.  777. 

632Ct.  Any  police  justice  of  the  City  of  Baltimore  shall  have 
the  right  to  issue  a  summons  for  the  attendance  of  any  witness 
in  any  case  under  consideration  by  said  justice,  pursuant  to  the 
provisions  of  section  632,  and  upon  the  failure  of  any  person 
to  attend  said  station-house  in  response  to  said  summons  at  the 
time  and  place  mentioned  in  said  summons,  he  shall  be  liable, 
in  the  discretion  of  the  said  police  justice,  to  a  fine  not  exceed- 
ing $5.00  for  his  non-attendance  in  response  to  the  said  sum- 
mons, which  fine  shall  be  collected  as  other  fines  are  collected, 
provided,  however,  the  proof  shows  that  a  written  or  printed 
notice  of  said  summons  was  duly  delivered  to  the  said  witness 
in  person  'by  some  one  duly  authorized  under  the  law  to  summon 
witness  in  such  case. 

1912,  ch.  777. 

632H.  The  said  several  Justices  of  the  Peace,  assigned  to  the 
station-houses  in  Baltimore  City,  shall  have  the  right  to  pre- 
serve order  and  decorum  when  sitting  at  the  said  station-houses 
in  the  discharge  of  their  duties  as  such  police  justices,  and  shall 
have  the  right  to  punish  any  breach  of  order  or  decorum  com- 
mitted in  their  presence,  by  a  fine  not  exceeding  $10.00,  to  be 
collected  as  other  fines  are  collected.  Provided,  that  in  all  cases 
where  fine  is  imposed  under  this  section  the  party  on  whom  the 
said  fine  is  imposed,  if  he  feels  aggrieved  thereby,  may  within 
three  days  (exclusive  of  the  date  of  the  imposition  of  said 
fine)  appeal  to  the  Criminal  Court  of  Baltimore  from  the  action 
of  the  said  police  justice  in  such  case ;  and  pending  the  hearing 
of  said  appeal,  shall  give  surety  for  his  appearance  in  the 
Criminal  Court  of  Baltimore  in  a  sum  to  be  fixed  by  the  said 
justice,  which  sum  shall  not  be  in  excess  of  twice  the  amount  of 
said  fine  imposed ;  and  the  person,  on  whom  such  fine  is  imposed 
under  this  section,  shall  at  his  option,  instead  of  furnishing 
surety  for  his  appearance,  have  the  right,  pending  his  appeal, 
to  deposit  with  the  justice  a  sum  in  cash  double  the  amount 
of  the  fine  imposed,  as  collateral  security  for  his  appearance 
in  the  Criminal  Court  of  Baltimore  on  said  appeal.  Provided, 
no  appeal  shall  be  allowed  under  this  section  after  payment  of 
the  fine,  but  deposit  of  cash,  as  such  collateral  security  in  double 
the  amount  of  the  fine  shall  not  be  construed  to  be  a  payment 
of  the  said  fine, 

1882,  ch.  219.     P.  L.  L.,   (1888)  Art.  4,  sec.  616. 

633.      In    all    criminal    prosecutions    or    proceedings    which, 
under  the  provisions  of  the  preceding  section,  may  be  heard, 


323 

tried  and  determined  before  a  Justice  of  the  Peace  sitting  at  a 
station-house  in  the  City  of  Baltimore,  it  shall  be  the  duty  of 
such  Justice  of  the  Peace  before  whom  such  case  is  tried,  in  the 
event  of  the  conviction  of  the  accused  at  the  said  trial,  to  impose 
upon  the  said  accused  so  convicted,  the  fine,  or  the  fine  and 
punishment  prescribed  in  case  of  such  conviction  by  the  Act  of 
Assembly  of  this  State,  or  by  the  ordinance  of  the  Mayor  and 
City  Council  of  Baltimore,  for  the  violation  of  which  the 
accused  was  so  tried.  Any  person  sentenced  to  the  payment  of 
any  fine,  and  to  the  payment  of  the  costs  of  his  prosecution,  who 
shall  not  forthwith  pay  the  said  fine  and  the  costs  of  said 
prosecutio]!,  shall  be  committed  by  such  Justice  of  the  Peace  to 
the  jail  of  Baltimore  City  until  such  fine  and  costs  are  paid,  or 
until  the  said  person  shall  be  discharged  from  such  jail  by  the 
due  course  of  law. 

1882,  ch.  219.     P.  L.  L.,   (1888)  Art.  4,  sec.  617. 

634.  When  a  person  charged  with  any  oft'ence  referred  to  in 
this  sub-division  of  this  Article,  or  the  State's  Attorney,  shall 
pray  a  jury  trial,  the  Justice  of  the  Peace  shall,  in  addition  to 
his  duties  prescribed  in  section  632,  endorse  upon  said  commit- 
ment or  recognizance  the  names  and  residences  of  the  witnesses 
for  the  prosecution;  and  such  commitment  or  recognizance  so 
endorsed  shall  be  returned  forthwith  to  the  Clerk  of  the  said 
Criminal  Court  of  Baltimore. 

1876,  ch.  28.     P.  L.  L..    (1888)   Art.  4,  sec.  618. 

635.  The  Justice  of  the  Peace,  so  selected  to  sit  at  any  sta- 
tion-house, may  be  changed  from  time  to  time  by  the  Governor, 
at  his  discretion,  and  any  other  Justice  of  the  Peace  may  be 
selected  by  the  Governor  to  perform  the  said  duties  at  said 
station-house.  ■ 

1876,  ch.  28.     P.  L.  L.,   (1888)  Art.  4,  sec.  619. 

636.  Each  Justice  of  the  Peace  selected  to  sit  at  a  station- 
house  in  the  City  of  Baltimore  shall  receive  the  sum  of  one 
hundred  and  seventy-five  dollars  per  month,  or  a  proportionable 
part  thereof,  so  long  as  he  shall  continue  to  act  at  a  station- 
house  in  said  city,  under  the  selection  of  the  Governor;  which 
sum  of  money  shall  be  paid  to  him  by  the  City  Tiogistcr  at  the 
end  of  each  month  of  his  said  service,  or  a  proportionable  part 
thei-eof,  at  the  end  of  any  portion  of  a  month  at  which  the  ser 
vice  of  such  Justice  of  the  Peace  at  said  station-house  may  ter- 
minate, upon  the  certificate  of  the  Board  of  Police  Commis- 
sioners of  Baltimore  City,  that  such  service  has  been  rendered 


324 

under  the  appointment  of  the  Governor  as  aforesaid;  and  no 
Justice  of  the  Peace  selected  for  a  station-house  shall  be  per- 
mitted to  charge  any  fee,  or  receive  any  gratuity  for  granting 
any  release,  or  for  the  performance  of  any  duty  required  by 
law. 

1880,  eh.  461.     P.  L.  L.,   (1888)  Art.  4,  sec.  620. 

637.  If  any  Justice  of  the  Peace  who  has  been  selected  as 
aforesaid  to  sit  at  any  station-house  in  the  City  of  Baltimore  is 
unable,  by  reason  of  sickness  or  other  unavoidable  cause,  to 
attend  to  his  duty  at  said  station-house,  or  fails  to  attend  at  said 
station-house,  at  any  time,  when  his  presence  is  there  required, 
it  shall  be  the  duty  of  the  Board  of  Police  Commissioners  of 
Baltimore  City  to  require  another  Justice  of  the  Peace  to  per- 
form the  duties  at  said  station-house,  of  the  said  Justice  of 
the  Peace  so  sick  or  absent ;  and  it  shall  be  the  duty  of  the 
Justice  of  the  Peace  so  required  to  perform  said  duties  at  said 
station-house,  to  perform  the  same  so  long  as  may  be  necessary, 
or  until  the  Governor  shall  select  another  Justice  to  perform 
said  duties ;  the  Justice  of  the  Peace  so  required  to  perform 
said  duties  at  said  station-house,  by  the  said  Board  of  Police 
Commissioners,  in  place  of  the  Justice  selected  by  the  Gover- 
nor, shall  receive  six  dollars  per  day  for  every  day  he  shall 
actually  serve  at  such  station-house ;  which  pay  shall  be  deducted 
from  the  pay  provided  to  be  paid  to  the  Justice  selected  to  sit 
at  such  station-house  and  failing  to  attend ;  provided,  that  said 
pay  of  the  said  Justice  who  may  sit  in  the  absence  of  the  Justice 
so  selected  to  sit  at  any  station-house,  shall  not  be  deducted 
from  the  pay  of  the  said  last-named  Justice,  if  the  said  Board 
of  Police  Commissioners  shall  certify  that  such  absence  was  by 
reason  of  his  necessary  attendance  upon  any  court  or  Justice 
of  the  Peace  of  said  State,  under  its  process,  nor  when  such 
absence  shall  not  exceed  fifteen  days  in  the  course  of  any  one 
year,  and  when  the  said  Board  of  Police  Commissioners  shall 
certify  that  such  last-named  absence,  not  exceeding  fifteen  days, 
as  aforesaid,  was  occasioned  by  sickness  or  other  unavoidable 
cause. 

1888,  ch.  336.     P.  L.  L.,   (1888)  Art.  4,  sec.  621. 

638.  The  said  station-house  Justices  are  granted  a  leave 
of  absence,  with  pay,  for  fifteen  days  during  each  and  every 
year;  and  the  Board  of  Police  Commissioners  are  authorized 
to  designate  one  of  the  civil  magistrates  to  act  in  their  place 
during  said  absence,  who  shall  be  paid  the  same  as  the  station- 
house  Justices  receive. 


325 

18TG,  ch.  2S.     P.  L.  L.,   (ISSS)  Art.  4,  sec.  622. 

639.  Xo  Justice  of  the  Peace  appointed  under  the  provi- 
sions of  section  623  shall  be  paid  by  the  City  of  Baltimore  any 
fee  for  issuing  any  State  writ,  or  for  any  search  warrant,  or 
for  taking  the  recognizance  of  any  witness,  or  for  taking  any 
recognizance  in  any  case  reported  to  court,  or  for  any  commit- 
ment or  release,  or  for  issuing  any  subpoena  in  any  criminal 
case,  or  in  any  case  instituted  to  recover  any  fine,  penalty  or 
forfeiture  claimed  by  the  State  of  JMaryland,  or  by  the  Mayor 
and  City  Council  of  Baltimore ;  and  no  police  otficer  or  con- 
stable shall  be  paid  by  the  ]\Iayor  and  City  Council  of  Balti- 
more any  fee  for  the  service  of  any  subpoena  or  process  in  any 
criminal  case,  before  any  Justice  of  the  Peace,  or  for  service 
of  any  subpoena  or  process  in  any  case  pending  before  any  Jus- 
tice of  the  Peace,  for  the  recovery  of  any  fine,  forfeiture  or 
penalty  by  the  State  of  Maryland  or  by  the  Mayor  and  City 
Council  of  Baltimore. 

1876,  ch.  28.     P.  L.  L.,   (1888)   Art.  4,  sec.  623. 

640.  It  shall  be  the  duty  of  the  officers  of  police,  police- 
men and  detectives  appointed  by  the  Board  of  Police  Commis- 
sioners of  Baltimore  City,  to  serve  and  execute  any  and  all 
writs,  warrants,  subpoenas  and  commitments,  which  may  be  is- 
sued by  any  Justice  of  the  Peace  selected  to  sit  at  the  station 
houses  in  the  City  of  Baltimore  as  hereinbefore  provided. 

1876,  ch.  28.     P.  L.  L.,   (1888)  Art.  4,  sec.  624. 

641.  Whenever  any  Justice  of  the  Peace  appointed  under 
the  provisions  of  this  sub-division  of  this  Article  other  than 
one  of  the  Justices  selected  as  aforesaid  to  sit  at  a  station- 
house  as  aforesaid,  shall  issue  a  State  writ  for  the  a^'rest  of 
any  person,  or  shall  issue  any  writ  or  summons  against  any 
person  or  corporation  to  recover  any  fine,  penalty,  or  forfeiture, 
under  any  law  of  this  State,  or  under  any  ordinance  of  the 
Mayor  and  City  Council  of  Baltimore,  such  writ  or  summon? 
shall  be  made  returnable  before  one  of  the  Justices  of  the 
Peace  selected  by  the  Governor  to  sit  at  a  station-house  in  the 
City  of  Baltimore,  and  shall  not  be  made  returnable  before  the 
Justice  of  the  Peace  issuing  the  same,  unless  he  be  one  of  the 
Justices  of  the  Peace  selected  to  sit  at  a  station-house  as  afore- 
said. 

1876,  ch.  28.     p.  L.  L..    (1S88)    Art.  4,  sec.  62.5. 

642.  Whenever  any  person  shall  be  ai-i-cstcd  ii])()ii  any  ci'iiiii- 
nal  charge,  or  for  the  violation  of  any  hiw  (if  tliis  State,  or  of 
any  ordinance  of  the  Mayor  and  ('ity  ('oiiiicil  of  Halt  inioi-c,  it 


326 

shall  be  the  duty  of  the  police  officer  or  constable  making  such 
arrest,  or  in  whose  custody  the  said  person  so  arrested  may  be, 
to  take  the  person  so  arrested  before  the  Justice  of  the  Peace 
sitting  at  a  station  house  who  may  have  issued  the  writ  or 
warrant  for  such  arrest,  or  before  whom  such  writ  or  warrant  of 
arrest  is  made  returnable;  but  if  such  arrest  is  made  without 
writ  or  warrant,  or  if  such  writ  or  warrant  is  made  returnable 
before  another  Justice  than  a  Justice  of  the  Peace  sitting  at  a 
station  house,  it  shall  be  the  duty  of  the  said  police  officer  or 
constable  to  take  the  person  so  arrested  to  the  nearest  station 
house ;  and  the  Justice  of  the  Peace  sitting  at  said  station  house 
shall  take  jurisdiction  in  said  case. 

Police  Justice  has  no  jurisdiction  to  try  violations  of  the  motor  vehicle 
A<?t.  Ruggles  V.  State,  120  Md.  556. 

1876,  ch.  28.     P.  L.  L.,   (1888)  Art.  4,  sec.  626. 

643(.  Every  Justice  of  the  Peace  appointed  under  the  pro- 
visions of  this  sub-division  of  this  Article,  shall  file  with  the 
Clerk  of  the  Court  of  Common  Pleas,  on  the  first  day  of  April, 
July,  October  and  January,  in  each  and  every  year,  an  account 
verified  by  his  oath  or  affirmation,  of  all  fines,  forfeitures  and 
penalties  imposed  by  him  under  the  laws  of  this  State,  during 
the  three  preceding  months ;  which  said  account  shall  show  the 
names  of  the  respective  defendants,  the  Acts  of  Assembly  under 
which  said  fines,  forfeitures  and  penalties  were  respectively 
imposed,  and  the  amounts  paid  in  each  case  by  the  said  re- 
spective defendants ;  and  the  said  Justice  of  the  Peace,  at  the 
time  of  filing  said  account  shall  pay  over  to  the  said  clerk  the 
amount  of  said  fines,  penalties  and  forfeitures  so  received,  or 
the  portion  thereof  to  which  the  State  of  Maryland  is  entitled, 
to  be  accounted  for  by  said  clerk  as  other  moneys  of  the  State 
are  accounted  for  by  him. 

1876,  ch.  28.     P.  L.  L.,   (1888)   Art.  4,  sec.  627. 

644.  Every  Justice  of  the  Peace  appointed  under  the  pro- 
visions of  this  sub-division  of  this  Article  shall  file  witli  the 
City  Register,  on  the  first  day  of  April,  July,  October  and 
January  in  each  and  every  year,  an  account  verified  by  his  oath 
or  affirmation,  of  all  fines,  forfeitures  and  penalties  imposed  by 
him  under  the  ordinances  of  the  Mayor  and  City  Council  of 
Baltimore  during  the  three  preceding  months ;  which  said 
accounts  shall  show  the  names  of  the  respective  defendants,  the 
ordinances  under  which  said  fines,  penalties  or  forfeitures  were, 
respectively,  imposed,  and  the  amounts  paid  in  each  case  by 


327 

said  respective  defendants ;  and  the  said  Justice  of  the  Peace  at 
the  time  of  filing  said  account  shall  pay  over  to  the  said  Register 
the  amount  of  said  fines,  penalties  and  forfeitures  so  received, 
or  the  portion  thereof  to  which  the  ]\Iayor  and  City  Council  of 
Baltimore  is  entitled,  to  be  accounted  for  by  said  Register  as 
other  moneys  of  the  said  citv  are  accounted  for  bv  him. 

187G,  ch.  28.     P.  L.  L.,    (1888)    Art.  4,  sec.  628. 

645.  If  any  Justice  of  the  Peace  shall  not  have  imposed  or 
received  any  such  lines,  forfeitures  or  penalties,  or  any  portion 
thereof,  as  are  mentioned  and  described  in  the  said  two  preced- 
ing sections,  in  the  said  three  months  preceding  the  time  herein- 
before prescribed  for  filing  said  accounts,  he  shall  file  an  affi- 
davit or  affirmation  to  that  effect  at  the  time  prescribed  for 
filing  said  accounts. 

1876,  ch.  28.     P.  L.  L.,   (1888)  Art.  4,  sec.  629. 

646.  All  costs  paid  to  any  Justice  of  the  Peace  sitting  at  any 
station  house  shall  be  accounted  for  and  paid  by  said  Justice  to 
the  Board  of  Police  Commissioners  of  Baltimore  City,  to  be  by 
them  applied  as  directed  by  section  750  of  this  sub-division  of 
this  Article. 

P.  G.  L.,  (1860)  Art.  18,  sec.  25.     P.  L.  L.,  (1888)  Art.  4,  sec.  630. 

647.  It  shall  not  be  lawful  for  the  Justices  of  the  Peace  of 
the  City  of  Baltimore  to  take  supersedeas  of  any  judgment 
recovered  in  the  Court  of  Common  Pleas,  the  Superior  Court 
of  Baltimore  City,  or  Baltimore  City  Court,  or  any  decree  of  the 
Circuit  Court  or  Circuit  Court  Number  Two  of  Baltimore  City, 
but  such  supersedeas  shall  be  taken  by  the  clerks  of  said  courts 
respectively. 

1864,  ch.  179.     1870,  ch.  39.     P.  L.  L.,    (1888)   Art.  4,  sec.  31.     1912, 

ch.  823.     1914,  ch.  242. 

648.  if  any  -Justice  of  the  Peace  in  Baltimore  City  dies, 
resigns  or  is  removed,  or  upon  the  expiration  of  his  official 
term,  his  docket  and  papers  shall  be  delivered  to  the  Clerk  of 
the  City  Court  within  thirty  days  thereafter;  provided,  how- 
ever, that  this  section  shall  not  apply  to  any  of  the  five  Justices 
of  the  Peace  assigned  to  the  Peoples'  Court,  whose  dockets  and 
papers  shall  be  retained  in  the  custody  of  the  Chief  (Vmstable. 
Any  Justice  of  the  Peace  of  tlie  Peoples'  ("oui't  iiuiy  issue 
process  upon  any  docket  of  any  -Justice  of  the  Peace  in  the 
ciistoflv  of  the  said  Chic^f  (V)iistiibie  that  he  might  issue  if  the 
docket  had  been  kept  by  liimscU',  and  shall  have  fnll  power  and 


328 

authority  to  complete  any  process  that  has  been  begun  any  time 
by  any  other  Justice  of  the  Peace  of  the  Peoples'  Court,  and 
this  power  shall  include  the  power  of  certifying  to  the  records 
of  any  Justice  of  the  Peace  of  the  Peoples'  Court  by  any  of  the 
other  Justices  of  the  Peace  of  said  Court. 

1876,  ch.  28.     P.  L.  L.,   (1888)  Art.  4,  sec.  633. 

649.  If  any  Justice  of  the  Peace  or  constable  appointed 
under  the  provisions  of  this  sub-division  of  this  Article  be  con- 
victed in  a  court  of  law,  of  any  misdemeanor  in  office,  his  re- 
moval from  said  office  shall  be  part  of  the  sentence  or  judgment 
pronounced  upon  him  by  the  said  Court.  No  constable  shall 
deputize  any  person  to  act  in  the  service  of  any  writ  whatever 
for  or  i^  his  behalf. 

LANDLORD  AND  TENANT. 

1888,  ch.  487.    1890,  ch.  327.    P.  L.  L.,  (1888)  Art.  4,  sec.  634. 

650.  Ill  all  cases  of  any  demise  or  agreement  for  rental, 
express  or  implied,  verbal  or  written,  hereafter  to  be  made  of 
lands  or  tenements,  whether  real  estate  or  chattels  real,  within 
the  limits  of  the  Cit}^  of  Baltimore,  for  less  term  than  three 
calendar  months,  the  remedy  of  distress  for  rent  due  be  and  the 
same  is  hereby  taken  away  and  altogether  superseded. 

1888,  ch.  487.     1890,  ch.  327.     P.  L.  L.,    (1888)   Art.  4,  sec.  635. 

651.  Whenever  the  tenant  under  any  such  demise  or  agree- 
ment of  rental,  express  or  implied,  verbal  or  written,  of  lands  or 
tenements,  whether  real  estate  or  chattels  real  within  the  limits 
of  the  City  of  Baltimore,  shall  fail  to  pay  the  rent,  thereunder 
when  due  and  payable,  it  shall  be  lawful  for  the  lessor  to  have 
again  and  re-possess  the  premises  so  rented. 

1888,  ch.  487.    1890,  ch.  327.    P.  L.  L.,  (1888)  Art.  4,  sec.  636. 

652.  Whenever  any  lessor  shall  desire  to  have  again  and  re- 
possess any  premises  to  which  he  is  entitled  under  the  provisions 
of  the  preceding  section,  he,  or  his  duly  qualified  agent  or  attor- 
ney, shall  make  his  written  complaint  under  oath  or  affirmation, 
before  any  Justice  of  the  Peace  of  the  City  of  Baltimore,  and 
describing  therein  in  general  terms  the  property  sought  to  be 
had  again  and  re-possessed  as  aforesaid,  and  also  setting  forth 
the  name  of  the  tenant  to  whom  the  same  is  rented,  or  his 
assignee  or  under  tenant  or  tenants,  with  the  amount  of  rent 
thereon  due  and  unpaid ;  and  praying  by  warrant  to  have  again 
and  re-possess  the  premises,  together  with  judgTiient  for  the 


329 

amount  of  rent  dne  and  costs;  and  it  shall  therenpon  be  the 
duty  of  said  Justice  of  the  Peace  forthwith  to  issue  his  sum- 
mons, directed  to  any  constable  of  the  City  of  Baltimore,  and 
ordering  him  to  notify  said  tenant,  assignee  or  under  tenant 
forthwith  to  appear  before  the  said  Justice  of  the  Peace,  at  the 
trial  to  be  held  on  the  second  day  after  the  filing  of  said  com- 
plaint, to  show  cause  why  the  prayer  of  said  lessor  should  not 
be  granted  as  aforesaid,  and  the  said  constable  shall  forthwith 
proceed  to  serve  said  summons  upon  said  tenant,  assignee  or 
under  tenant  in  said  premises,  or  upon  his  or  their  known  or 
authorized  agent,  but  if  for  any  reason,  neither  said  tenant, 
assignee  or  under  tenant,  nor  his  or  their  agent  can  be  found,  then 
said  constable  shall  affix  an  attested  copy  of  said  summons  con- 
spicuously upon  said  premises,  and  such  affixing  of  said  sum- 
mons shall,  for  the  purposes  of  this  sub-division  of  this  Article, 
be  deemed  and  construed  a  sufficient  service  upon  all  persons 
whomsoever. 

ISSS,  ch.  4S7.     1890,  ch.  327.     P.  L.  L.,   (1888)   Art.  4,  sec.  637. 

653.  If  at  the  trial  on  the  second  day  aforesaid,  the  Justice 
of  the  Peace  shall  be  satisfied  the  interest  of  justice  will  be 
better  served  by  an  adjournment  to  enable  either  party  to  pro- 
cure his  necessary  witnesses,  he  may  adjourn  the  trial  for  a 
period  not  exceeding  one  day,  except  by  consent  of  all  parties, 
and  if  at  said  trial  or  due  adjournment  thereof  as  aforesaid,  it 
shall  appear  to  the  satisfaction  of  the  Justice  of  the  Peace  be- 
fore whom  said  complaint  has  been  made  and  tried  as  aforesaid, 
that  the  rent  or  any  part  of  the  rent  for  said  premises  is  actually 
due  and  unpaid,  then  the  said  Justice  of  the  Peace  shall  give 
judgment  in  favor  of  said  lessor  for  the  amount  of  rent  found 
due,  with  costs  of  suit,  and  shall  order  that  said  tenant  and  all 
persons  claiming  or  holding  by  or  under  said  tenant  shall  yield 
and  render  up  possession  of  said  premises  unto  said  lessor,  or 
imto  his  duly  qualified  agent  or  attorney  within  two  days  there- 
after ;  'provided,  however  that  if  the  said  tenant,  or  some  one  for 
him,  shall  at  said  trial  or  due  adjournment  thereof  as  afore- 
said, tender  the  rent  found  to  be  due  and  unpaid,  too'ether  with 
the  costs  of  said  suit,  the  said  complaint  shall  be  entered  satis- 
fied and  no  further  proceedings  sliall  be  had  thereunder. 

1888,  ch.  487.     1890,  ch.  327.     P.  L.  L.,   (1888)   Art.  4,  sec.  638. 

654.  in  case  judgment  shall  be  given  in  favor  of  said  lessor 
ill  rlic  iiKiiiiicr  aforesaid,  and  the  tenant  shall  fail  to  comply 
with  tlie  r('(|uii'('nients  of  tli(!  said  order  within  two  days  afore- 
said, the  said  -Justice  of  the  Peace  shall,  on  or  at  any  time  after 
the  expiration  of  said  two  days,  issue  his  warrant,  directed  to 


330 

any  constable  of  the  City  of  Baltimore,  that  the  lessor  may 
elect,  ordering  him  to  cause  said  lessor  to  have  again  and  re- 
possess said  premises  by  putting  him  (or  his  duly  qualified 
agent  or  attorney  for  his  benefit)  in  possession  thereof,  and  for 
that  purpose  to  remove  from  said  premises,  by  force  if  neces- 
sary, all  the  furniture,  implements,  tools,  goods,  effects  or  other 
chattels  of  every  description  whatsoever  belong^ing  to  said 
tenant,  or  to  any  person  claiming  or  holding  by  or  under  said 
tenant. 

18SS,  cb.  487.     1890,  ch.  327.     P.  L.  L.,   (1888)   Art.  4,  sec.  639. 

655.  The  tenant  may  appeal  from  the  judgment  of  the 
Justice  of  the  Peace  to  the  Baltimore  City  Court,  at  any  time 
within  two  days  from  the  rendition  of  such  judgment;  the 
tenant  in  order  to  stay  any  execution  of  the  judgment,  shall 
give  a  bond  to  the  landlord  with  one  or  more  securities,  who  are 
owners  of  sufficient  leasehold  or  real  estate  in  Baltimore  City, 
with  condition  to  prosecute  the  appeal  with  effect,  and  answer 
to  the  landlord,  his  executors,  administrators,  in  all  costs  and 
damages  mentioned  in  the  judgment,  and  such  other  damages 
as  shall  be  incurred  and  sustained  by  reason  of  said  appeal ;  the 
aforesaid  bond  shall  not  affect  in  any  manner  the  right  of  the 
lessor  to  proceed  against  said  tenant,  assignee  or  under  tenant 
for  any  and  all  rents  that  may  become  due  and  payable  to  the 
lessor  after  the  rendition  of  said  judgment. 

Appeals  from  Judgments  of  Justices  of  the  Peace.  From  a  judgment 
rendered  under  the  Act  1888,  ch.  487,  an  appeal  will  lie  to  the  Baltimore 
City  Court. 

Stewart  v.  Duvall,  Daily  Record,  March  7,     1889. 

In  connection  with  section  655,  sec,  Knell  v.  Briscoe,  49  Md.  420. 

1888,  ch.  487.     1890,  ch.  327.     P.  L.  L.,   (1888)   Art.  4,  sec.  640. 

656.  The  fee  and  charges  of  the  Justice  of  the  Peace  and 
constables  under  this  Article  shall  be  the  followino;  and  no 
other:  "First  costs,"  to  the  Justice  of  the  Peace  for  preparing 
the  written  complaint  and  taking  the  affidavit  of  the  plaintiff 
thereto,  twenty-five  cents,  and  for  issuing  the  summons  to  the 
tenant  and  preparing  attested  copy,  twenty-five  cents ;  "second 
costs,"  for  every  judgment  rendered  where  there  is  no  trial, 
twenty-five  cents;  for  every  judgment  rendered  on  trial,  fifty 
cents,  and  ten  cents  additional  for  every  witness  sworn  or  ex- 
amined; "third  costs,"  for  preparing  and  taking  the  bond  of 
tenant  in  case  of  appeal,  twenty-five  cents ;  for  the  warrant  for 
re-entry  (in  case  it  be  issued),  twenty-five  cents;  "first  costs," 
to  the  constable  for  serving  the  summons,  forty  cents ;  "second 


331 

costs/'  for  executing  the  warrant  for  re-entry,  one  dollar;  and 
any  Justice  of  the  Peace  or  constable  who  shall  charge  or  receive 
more  than  the  actual  fees  prescribed  for  each  specific  act  per- 
formed as  the  case  proceeds,  shall  be  deemed  guilty  of  a  misde- 
meanor, and  on  conviction  thereof  shall  be  subject  to  and  pay  a 
fine  or  penalty  of  not  less  than  one  hundred  dollars  or  more  tban 
three  hundred  dollars  for  each  offence,  one-half  thereof  for  the 
use  of  the  State,  and  the  other  half  thereof  to  the  person  that 
shall  first  prefer  the  charge  against  such  offender. 

15)14,  ch.  331. 

656V2,  In  all  cases  of  any  demise  or  agreement  for  rental, 
express  or  implied,  verbal  or  written,  whether  real  estate  or 
chattels  real,  within  the  City  of  Baltimore,  except  as  provided 
in  section  650  of  this  sub-title,  distraint  for  rent  shall  be  made 
only  by  the  Sheriff  or  a  constable  of  Baltimore  City,  and  all 
warrants  for  such  distraint  shall  be  directed  onlv  to  the  Sheriff 
or  a  constable  of  Baltimore  City. 

LAKCEK'Y. 

1900,  ch.  739. 

656a.  ^N"©  person  in  the  City  of  Baltimore  shall  purchase 
from  a  child  or  minor  under  the  age  of  sixteen  years  any  hard- 
ware, plumbing,  gas  or  electric  fixtures,  tools,  household  uten- 
sils, books,  ornaments,  jewelry,  poultry,  or  animals  of  any  kind, 
unless  the  said  child  or  minor  under  the  age  of  sixteen  vears  is 
accompanied  by  his  or  her  parent  or  guardian,  or  by  some  adult 
person  known  to  the  purchaser,  who  shall  certify  that  the  said 
child  or  minor  under  the  age  of  sixteen  years  has  come  by  the 
goods  honestly,  and  has  a  right  to  sell  the  same. 

1900,  ch.  739. 
656b.  Any  person  offending  against  the  preceding  s(H'tions, 
and  any  person  falsely  certifying  that  he  knows  the  child  or 
minor  under  the  age  of  sixteen,  years  has  obtained  the  goods 
honestly,  and  has  a  right  to  sell  the  same,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be 
fined  not  more  than  two  hundred  dollars,  or  connnitted  to  jail 
for  not  more  than  six  months,  or  fined  and  imprisoned  as  afore- 
said. 

1900,  cli.  739. 

656c.  Xothing  in  this  Act  shall  in  any  way  affect  section 
371,  Article  27,  of  the  Maryland  Code  of  rublic  Ceiieriil  haws, 
entitled  "iieceiving  Stolen  Goods,  Money  or  Securities." 


332 

LEGISLATIVE  DISTKICTS. 
WAKDS. 

1898,  ch.  10. 
656d.  It  shall  be  the  duty  of  the  Board  of  Svipervisors  of 
Elections  of  Baltimore  City  to  proceed  forthwith  to  divide  and 
lay  off  the  City  of  Baltimore  into  twenty-four  wards,  to  be  each 
as  regular  and  compact  in  form  as  may  be  practicable,  and 
having  according  to  the  police  census  taken  in  December,  18U7, 
as  nearly  as  may  reasonably  be  practicable,  equal  population, 
and  in  such  manner  that  no  ward  shall  exceed  or  fall  short  by 
more  than  fifteen  per  cent,  of  the  number  of  inhabitants  ^  it 
would  contain  if  it  was  so  laid  off  as  to  include  within  its 
boundaries  precisely  one-twenty-fourth  of  the  aggregate  popu- 
lation of  the  city,  and  the  said  Board  of  Supervisors  shall 
number  the  said  wards  from  one  to  twenty-four  consecutively. 

1898,  ch.  10.  . 
656e.  When  the  said  twenty-four  wards  are  so  laid  out  by  the 
said  Board  of  Supervisors  of  Elections  of  the  City  of  Baltimore, 
as  hereinbefore  directed,  it  shall  be  the  duty  of  the  said  board 
to  make  or  cause  to  be  made  in  a  proper  book,  a  careful  descrip- 
tion of  the  boundaries  of  each  of  the  said  wards,  so  numbered 
as  aforesaid,  under  its  proper  number,  and  after  making  a  care- 
ful and  exact  copy  of  the  same  in  another  proper  book,  and 
after  verifying  the  said  original  book  and  the  said  copy  by  their 
signatures,  to  deposit  the  original  book  in  the  clerk's  office  of 
the  Superior  Court  of  Baltimore  City,  and  it  shall  be  the  duty 
of  the  said  clerk  of  the  said  court,  to  record  the  same  anions  the 
Land  Records  of  his  office,  and  a  copy  of  the  description  or  de- 
scriptions contained  in  the  said  record  of  the  boundaries  of  any 
one  or  more  wards  therein  mentioned  and  described,  shall  be 
evidence  of  the  boundaries  of  such  ward  or  wards  so  laid  out  as 
aforesaid,  and  the  copy  of  said  original  book  so  made  and  so 
verified,  as  aforesaid,  by  the  said  Board  of  Supervisors  of  Elec- 
tions of  Baltimore  City  shall  .alwavs  be  retained  in  the  office  of 
the  said  board  among  the  records  of  the  said  board. 

1898,  ch.  10. 
656f.  When  said  book  containing  the  said  descriptions  of 
the  said  wards  of  the  City  of  Baltimore  so  laid  out  as  aforesaid, 
has  been  deposited  for  record  in  the  clerk's  office  of  the  Superior 
Court  of  Baltimore  Cit.y,  then  the  said  wards,  as  in  said  book 
described,  and  laid,  shall  thereafter  be  deemed  to  be  the  several 
wards  of  Baltimore  City. 


333 

1898,  ch.  10. 

656i:'.  It  shall  be  the  duty  of  the  said  Board  of  Supervisors 
of  Elections  to  complete  the  said  work  of  dividing  the  said  City 
of  Baltimore  into  wards,  as  provided  by  this  Act,  and  of  pre- 
paring the  books  showing  such  division  as  aforesaid  and  of  de- 
positing for  record  the  book  showing  such  division  as  herein- 
before directed  within  thirty  days  after  the  passage  of  this  Act. 

1898,  ch.  10. 

656h.  The  said  Board  of  Supervisors  of  Elections  shall,  after 
the  said  wards  shall  be  laid  oft"  as  aforesaid,  proceed  to  divide 
each  of  said  wards  into  a  suitable  number  of  election  precincts, 
in  the  manner  prescribed  in  section  124  of  Article  33  of  the 
Code  of  Public  General  Laws,  as  the  same  was  amended  and 
re-enacted  by  the  Act  of  1896,  chapter  202,  and  by  the  Act  of 
1904,  ch.  254,  provided,  however,  that  the  said  Board  of  Super- 
visors of  Elections  shall  not  be  required  to  have  published  more 
than  one  insertion  of  the  advertisement  of  such  precinct,  or  of 
the  boundaries  of  such  precinct,  required  by  said  section  124  of 
said  Article  33  to  be  made. 

1898,  ch.  10. 

656i.  The  said  Board  of  Supervisors  of  Elections  in  the 
City  of  Baltimore  shall  cause  maps  to  be  made  of  the  said  new 
wards  and  precincts  in  the  manner  required  by  section  126  of 
Article  33  of  the  Code  of  Public  General  Laws,  as  amended  and 
re-enacted  by  the  Act  of  1896,  chapter  202. 

1898,  ch.  123,  sec.  0.57.     1901.  ch.  8. 

657.  The  twenty-four  wards,  into  which  the  City  of  Balti- 
more is  now  divided,  shall  be  numbered  as  follows:  The  present 
first  ward  shall  in  future  be  known  and  numbered  twenty-second 
ward ;  the  present  second  ward  shall  in  future  be  known  and 
numbered  fourth  wai'd;  the  present  third  ward  shall  in  future 
be  known  and  numbered  fifth  ward ;  the  present  fourth  ward 
shall  in  future  be  known  and  numbered  third  ward ;  the  present 
fifth  ward  shall  in  future  be  known  and  numbered  second  ward : 
the  present  sixth  ward  shall  in  future  be  known  and  numbered 
first  ward;  the  present  seventh  ward  shall  in  futui'c  be  known 
and  numbered  sixth  ward;  the  present  eiiilith  ward  shall  in 
future  be  known  imd  nnnibered  seventh  ward  ;  the  present  ninth 
ward  shall  in  future  be  known  and  numbered  eighth  ward;  the 
j)resent  tenth  ward  shall  in  future  be  known  and  nund)ered 
tenth  ward;  the  ])resent  eleventh  ward  slndl  in  future  be  known 


334 

and  numbered  ninth  ward;  the  present  twelfth  ward  shall  in 
future  be  known  and  numbered  twelfth  ward ;  the  present  thir- 
teenth ward  shall  in  future  be  known  and  numbered  eleventh 
ward;  the  present  fourteenth  ward  shall  in  future  be  known  and 
numbered  seventeenth  ward ;  the  present  fifteenth  ward  shall  in 
future  be  kno\\ai  and  numbered  fourteenth  ward ;  the  present 
sixteenth  ward  shall  in  future  be  known  and  numbered  thir- 
teenth ward ;  the  present  seventeenth  ward  shall  in  future  be 
known  and  numbered  fifteenth  ward ;  the  present  eighteenth 
ward  shall  in  future  be  known  and  numbered  sixteenth  ward; 
the  present  nineteenth  ward  shall  in  future  be  known  and  num- 
bered twentieth  ward ;  the  present  twentieth  ward  shall  in 
future  be  known  and  numbered  nineteenth  ward ;  the  present 
twenty-first  ward  shall  in  future  be  known  and  numbered  eigh- 
teenth ward ;  the  present  twenty-second  ward  shall  in  future  be 
known  and  numbered  twenty-first  ward;  the  present  twenty- 
third  ward  shall  in  future  be  known  and  numbered  twenty-third 
ward ;  and  the  present  twenty-fourth  ward  shall  in  future  be 
known  and  numbered  twenty-fourth. 

BOUXDATilES  OF  LEGISLATIVE   DISTRICTS. 

1894,  ch.  435.     1901,  ch.  8.     1902,  ch.  602. 

657A.  The  first  legislative  district  of  Baltimore  City  shall 
be  and  consist  of  the  wards  as  newly  numbered  by  the  Act  of 
1901,  chapter  8,  from  one  to  six,  both  inclusive,  as  said  wards 
were  laid  out  under  the  provisions  of  the  Act  of  1898,  chapter 
10,  approved  Eebruary  19,  1898;  and  the  second  legislative 
district  of  Baltimore  City  shall  be  and  consist  of  the  following 
wards,  as  newly  numbered  by  the  Act  of  1901,  chapter  8, 
namely:  seventh,  eighth,  ninth,  twelfth,  thirteenth  and  fifteenth, 
as  said  wards  were  laid  out  under  the  provisions  of  the  Act  of 
1898,  aforesaid ;  and  the  third  legislative  district  of  Baltimore 
City  shall  be  and  consist  of  the  following  wards  as  newly  num- 
bered by  the  Act  of  1901,  chapter  8,  namely:  tenth,  eleventh, 
fourteenth,  sixteenth,  nineteenth  and  twentieth,  as  said  wards 
were  laid  out  under  the  provisions  of  the  Act  of  1898  aforesaid, 
and  the  fourth  legislative  district  of  Baltimore  City  shall  be 
and  consist  of  the  following  wards  as  newly  numbered  by  the 
Act  of  1901,  chapter  8,  namely:  seventeenth,  eighteenth,  twen- 
ty-first, twenty-second,  twenty-third  and  twenty-fourth,  as  said 
wards  were  laid  out  under  the  provisions  of  the  Act  of  1898 
aforesaid. 


335 
COUNCILMANIC  DISTRICTS. 

1901,  ch.  8. 

657B.  The  First  Councilmaiiic  District  shall  be  and  consist 
of  the  wards  as  newlv  numbered  bv  this  Act  from  one  to  six, 
both  inclusive,  as  said  wards  were  laid  out  under  the  provisions 
of  the  Act  of  1898  aforesaid;  that  the  second  Councilmanic 
District  shall  be  and  consist  of  the  following  wards,  as  newly 
numbered  by  this  Act,  namely :  Seventh,  eighth,  ninth,  twelfth, 
thirteenth  and  fifteenth,  as  said  wards  were  laid  out  under  the 
provisions  of  the  Act  of  1808,  aforesaid;  that  the  third  Council- 
manic  District  shall  be  and  consist  of  the  following  wards,  as 
newly  numbered  by  this  Act,  namely :  Tenth,  eleventh,  four- 
teenth, sixteenth,  nineteenth  and  twentieth,  as  said  wards  were 
laid  out  under  the  provisions  of  the  Act  of  1898,  aforesaid;  that 
the  fourth  Councilmanic  District  shall  be  and  consist  of  the 
following  wards,  as  newly  numbered  by  this  Act :  Seventeenth, 
eighteenth,  twenty-first,  twenty-second,  twenty-third  and  twen- 
ty-fourth, as  said  wards  were  laid  out  under  the  provisions  of 
tiie  Act  of  1898,  aforesaid. 

LICENSES. 

Billiards. 

1870,  ch.  250.     P.  G.  L.,   (1888)  Art.  56  sec.  8.     P.  L.  L.,   (1888)  Art. 

4,   sec.  641. 

658.  A  license  may  be  granted  to  any  person  who  may  apply 
for  permission  to  keep  a  billiard  table,  for  which  license  there 
shall  be  paid  the  sum  of  fifty  dollars,  and  for  every  additional 
billiard  table  kept  by  the  same  person,  he  shall  pay  a  license  of 
twenty-five  dollars;  provided,  that  all  said  additional  tables 
shall  be  kept  in  the  same  apartment;  and  provided,  that  this 
section  shall  not  apply  to  any  billiard  table  kept  for  private  use. 

Germania  v.   State,  7  M<1.  1. 
Under  this  section  licen.ses  are  Issued  hy  the  Clerk  of  the  Court  ot 
Coniinon  IMeas,  and  the  license  fees  payable  to  the  State. 

Weber  v.  State,  116  Md.  402. 

1865,  ch.  .56.     P.  G.  L..   (1888)  Art.  56.  sec.  0.     P.  L.  L..   (1888) 

Art.  4,  sec.  642. 

659.  Any  person  keeping  or  exhibiting  for  use  a  billiard 
table,  without  first  obtaining  a  license  therefor,  shall  for  each 
and  every  table  so  kept  or  exhibited,  forfeit  and  pay  the  sum  of 
five  liinidred  dollai's,  oiic-lialf  to  the  informer  and  the  other  half 
to  the  State. 


336 

P.  G.  L.,    (1860)   Art.  56,  sec.  8.     P.  G.  L.,   (1888)   Art.  56,  sec.  10. 
P.  L.  L.,    (1888)   Art.  4,  sec.  643. 

660.  jSTothing  contained  in  the  two  preceding  sections  shall 
impair  the  right  of  the  Mayor  and  City  Council  of  Baltimore 
to  impose  a  further  tax  on  billiard  tables. 

1910,  ch.  694. 

660a.  That  no  person  shall  engage  in  the  business  of  private 
detective  for  hire  or  reward,  whether  for  himself  or  as  a  mem- 
ber of  or  as  an  employee  of  any  detective  agency,  firm  or  corpo- 
ration, or  advertise  or  hold  himself  out  as  a  private  detective  in 
the  City  of  Baltimore  without  first  having  obtained  license  so 
to  do. 

1910,  ch.  694. 

660b.  That  every  person  intending  to  engage  in  the  busi- 
ness of  private  detective,  whether  for  himself  or  as  a  member 
of  or  as  an  employee  of  any  detective  agency,  firm  or  corpora- 
tion in  the  City  of  Baltimore,  shall  present  to  the  Board  of 
Police  Commissioners  of  Baltimore  City  a  written  application, 
duly  signed  and  sworn  to  by  such  applicant.  The  Board  of 
Police  Commissioners,  when  satisfied  from  an  examination  of 
such  applicant,  and  such  further  inquiry  and  investigation  as  it 
shall  deem  proper  of  the  good  character,  competency  and  in- 
tegrity of  such  applicant,  shall  issue  and  deliver  to  such  appli- 
cant a  license  to  engage  in  the  business  of  private  detective, 
upon  the  applicant  paying  to  the  said  Board  of  Police  Commis- 
sioners the  license  fee  or  charge  as  hereinafter  provided.  The 
license  granted  pursuant  to  this  Act  shall  expire  at  midnight  of 
December  thirty-first  in  each  and  every  year,  but  may  be  re- 
voked at  any  time  by  the  said  Board ;  the  fee  or  charge  for  the 
license  so  granted  as  aforesaid  shall  be  twelve  dollars  for  the 
entire  twelve  months,  and  if  the  license  is  issued  in  any  month 
after  January  one-twelfth  shall  be  deducted  from  the  charge 
above  stated  for  each  expired  month,  but  not  fraction  of  a 
month;  the  license  fee  or  charge  herein  prescribed  and  paid 
shall  be  by  the  said  Board  applied  to  the  use  and  benefit  of  the 
fund  in  its  charge,  created  by  law  and  known  and  accounted  for 
as  the  Special  Fund. 

1910,  ch.  694. 

660c.  That  the  person  so  licensed  as  aforesaid,  when  en- 
gaged in  the  business  of  detective,  shall  have  and  exhibit  when 
called  upon  to  do  so,  the  license  certificate  prescribed  and  issued 
by  the  said  Board  of  Police  Commissioners,  which  certificate 


337 

shall  be  returned  to  the  said  Board  on  the  expiration  of  the 
license  or  upon  the  demand  of  said  Board. 

1910,  ch.  694. 
660d.  That  any  person  who  shall,  without  the  license  and 
certilicate  hereinbefore  designated,  engage  in  the  general  busi- 
ness of  a  private  detective,  whether  for  himself  or  as  a  member 
of  or  as  an  employee  of  any  detective  agency,  firm  or  corpora- 
tion in  Baltimore  City,  or  advertise  or  hold  himself  out  as  a 
private  detective  in  the  said  city,  or  who  shall  violate  any  of 
the  provisions  of  sections  1,  2  and  3  of  this  Act,  shall  be  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  pun- 
ished by  a  fine  of  not  more  than  one  hundred  dollars,  or  be 
imprisoned  in  the  Baltimore  City  Jail  for  not  more  than  six 
months,  or  by  both  fine  and  imprisonment,  in  the  discretion  of 
the  Court  or  Justice  of  the  Peace  trying  the  same;  provided, 
however,  that  nothing  in  this  Act  shall  apply  to  any  detective, 
officer  or  police  or  policeman  in  the  regular  police  force  of  Balti- 
more City,  nor  to  any  employee  of  any  corporation  not  chiefly 
engaged  in  the  private  detective  business  but  which  corporation 
employs  detectives  as  an  incident  to  its  business. 

HORSE  DEALERS. 

1884,  ch.  446.  P.  L.  L.,  (1888)  Art.  4,  sec.  647. 
661.  It  shall  not  be  lawful  for  any  person,  co-partnership, 
firm,  corporation,  joint  stock  company,  brokers,  commissicm 
merchants,  agents,  factors  or  other  association  of  persons,  to 
engage  in  or  carry  on  the  business,  trade,  occupation  or  calling 
of  bartering,  buying,  selling,  exchanging  or  dealing  in  horses, 
mares,  geldings,  jackasses,  jennies  or  mules,  either  as  an  indi- 
vidual, co-partnership,  firm,  corporation,  joint  stock  company, 
commission  merchant,  agent,  factor,  broker  or  other  association 
for  said  purpose,  without  first  obtaining  from  the  Clerk  of  the 
Court  of  Common  Pleas  of  Baltimore  City  a  license  for  carry- 
ing on  said  business,  for  which  every  such  person,  if  he  desires 
to  carry  on  said  business  individually,  or  if  a  firm  or  associa- 
tion, composed  of  not  more  tlian  two  persons,  or  corporation, 
shall  pay  the  sum  of  fifty  dollars,  provided,  that  all  the  names 
and  places  of  business  of  said  persons  so  applying  shall  be  in- 
serted in  said  license;  and  if  more  tlinn  two  individuals  consti- 
tute and  compose  any  such  firm,  co-partnership,  joint  stock  com- 
pany or  association,  then  an  additional  sum  of  twonty-five 
dollars  shall  be  paid  for  each  and  every  other  individual  tluui 
the  said  two  constituting  such  firm,  co-partnershii),  joint  stock 


338 

company  or  association,  of  individuals;  and  provided,  further, 
that  the  said  business  shall  not  be  carried  on  in  any  of  the 
streets,  lanes  and  alleys  of  the  City  of  Baltimore. 

1884,  ch.  446.     P.  L.  L.,   (1888)  Art.  4,  sec.  648. 

662.  Any  person,  and  the  individual  members  of  any  co- 
partnership or  firm,  the  stockholders  of  any  joint  stock  company 
or  corporation,  and  any  commission  merchant,  agent,  factor, 
broker,  or  the  individuals  of  any  other  association  of  persons  so 
engaged  in  or  carrying  on  the  business,  trade,  occupation  or 
calling  of  bartering,  buying,  selling,  exchanging  or  dealing  in 
horses,  mares,  geldings,  jackasses,  jennies,  or  mules,  who  or 
which  shall  violate  any  of  the  provisions  of  the  preceding  sec- 
tion, shall  be  liable  to  indictment  therefor,  and  upon  conviction 
thereof  shall  be  lined  one  hundred  dollars  for  each  and  every 
offense,  one-half  thereof  for  the  use  of  the  State  and  the  other 
half  thereof  to  the  informer ;  provided,  however,  that  nothing 
contained  in  this  or  the  preceding  section  shall  be  construed  to 
prevent  breeders  and  owners  of  horses,  mares,  geldings,  jack- 
asses, jennies  or  nmles,  and  owners  residing  in  the  counties  of 
this  State  and  doing  business  elsewhere  than  in  the  City  of 
Baltimore,  and  all  owners  who  do  not  follow  the  business,  trade, 
occupation  or  calling  of  buying,  vending,  bartering,  exchanging 
or  dealing  in  horses,  mares,  geldings,  jackasses,  jennies  or 
mules,  from  offering  the  same  for  sale,  barter  or  exchange,  or 
making  sale  of,  bartering  or  exchanging  such  horses,  mares, 
geldings,  jackasses,  jennies  or  mules,  as  they  shall  bring  to  the 
City  of  Baltimore,  without  a  license;  and  nothing  contained  in 
this  or  the  preceding  section  shall  be  held  to  apply  to  regularly 
licensed  auctioneers  in  the  Citv  of  Baltimore. 

1S84,  ch.  446.     P.  L.  L.,   (1888)  Art.  4,  sec.  649. 

663.  Any  person  or  body  corporate,  owning  or  renting  from 
the  owner  or  his  agent,  any  building  or  enclosure  within  the 
corporation  limits  of  Baltimore  City,  and  using  the  same  in 
buying,  selling,  trading,  exchanging,  bartering  or  dealing  in 
horses,  geldings,  mares  or  mules,  or  using  the  same  in  exhibiting 
or  exposing  for  sale,  trade,  exchange  or  barter,  horses,  geldings, 
mares  or  mules,  shall  be  deemed  to  be  engaged  in  the  business, 
trade,  occupation  and  calling  of  buying,  selling,  trading,  ex- 
changing, bartering  and  dealing  in  horses,  geldings,  mares  and 
mules,  under  the  two  preceding  sections,  and  be  held  liable  for 
a  violation  of  any  of  its  provisions. 


339 

IXSTALLATIOX   OF  ELECTRICAL  APPARATUS 

AND  WIRING. 

1906,  ch.  244,  sec.  1. 

663a.  The  Governor  shall,  within  thirty  (30)  days  after 
the  passage  of  this  Act,  appoint  a  board  which  shall  be  knowTi 
as  the  Board  of  Examiners  and  Supervisors,  consisting  of  five 
(5)  persons,  for  the  purpose  of  examining  into  the  qualifications 
and  capabilities  of  all  persons  who  are  engaged  or  desire  to  en- 
gage in  the  business  of  Master  Electrician  as  defined  in  section 
5  of  this  x\ct.  The  board  so  appointed  shall  be  competent  practi- 
cal electricians  of  Baltimore  City  and  shall  be  selected  as  fol- 
lows: two  (2)  from  nominations  made  by  the  Electrical  Con- 
tractors' Association  of  Maryland,  one  (1)  from  nominations 
made  by  the  Chief  of  the  Municipal  Electrical  Inspectors  of  Bal- 
timore City,  one  ( 1 )  from  nominations  made  by  the  Association 
of  Fire  Underwriters  of  Baltimore  City,  and  one  ( 1 )  person  re- 
siding in  Baltimore  City,  who  shall  be  a  practical  journeyman 
electrician  who  has  served  at  the  business  for  a  period  of  not  less 
than  ten  years  and  a  majority  of  said  Board  shall  constitute  a 
quorum  to  transact  the  business  thereof.  The  term  of  ofiice  of  the 
members  of  the  first  number  so  appointed  shall  be  as  follows: 
the  nominee  from  the  Underwriters  Association,  one  (1)  nomi- 
nee from  the  Electrical  Contractors'  Association,  two  (2) 
years;  the  nominee  from  the  Municipal  Inspector,  one  (1) 
nominee  from  the  Electrical  Contractors'  Association,  and  the 
person  at  large  two  (2)  years  unless  removed  for  cause.  Should 
any  vacancy  occur  from  any  cause  during  the  term  of  any  Board 
as  herein  provided,  the  Governor  shall  appoint  some  one  from 
nominations  made  as  above  provided  to  fill  such  vacancy.  The 
Governor  shall  have  full  power  to  remove  any  member  of  the 
Board  for  incompetency  or  improper  conduct  upon  satisfactory 
evidence  being  presented  to  him  of  such  condition. 

Sections  663a  to  66:3q,  inclusive,  of  tills  codification,  embody  verbatim, 
respectively,  sections  1  to  17.  inclusive,  of  the  Act  1!)06.  ch.  244.  The 
Act  takes  effect  from  the  date  of  its  passage  and  repeals  inconsistent 
Acts.  The  caption  assigned  to  the  Act  is  intended  to  facilitate  reference 
thereto. 

1906.  ch.  244,  sec.  2. 

6631 1.  The  members  of  said  Board  shall  respectively  take  and 
subscribe  the  oath  required  by  other  State  officers.  They  shall 
have  power  to  elect  out  of  their  number,  a  President,  Secretary 
and  Treasiirer,  to  adopt  such  rules  and  by-laws  for  the  transac- 
tion of  business  of  the  Board  as  they  may  dccin  expedient. 


340 

1906,  ch.  244,  sec.  3. 
663o.  Each  member  of  said  Board  shall  receive  a  compensa- 
tion of  five  dollars  ($5.00)  per  day  for  actual  service  in  attend- 
ing meetings  of  the  Board,  which  compensation  shall  be  paid  out 
of  any  moneys  in  the  hands  of  the  Treasurer  of  said  Board ;  pro- 
vided, that  the  Secretary  of  said  Board  may  receive  such  addi- 
tional compensation  as  the  Board  may  deem  just  and  reason- 
able, and  for  which  the  by-laws  of  the  said  Board  may  provide ; 
provided,  however,  that  the  compensation  and  expenses  of  said 
Board  shall  in  no  event,  be  paid  out  of  the  funds  in  the  State 
Treasury  or  become  a  charge  against  the  State. 

1906,  ch.  244,  sec.  4. 

663d.  Said  Board  shall  meet  at  least  once  in  each  month  in 
Baltimore  City,  and  shall  hold  special  meetings  as  frequently 
as  the  proper  and  efficient  discharge  of  its  business  shall  require, 
and  said  Board  shall  adopt  such  rules  and  regulations  for  the 
examinations  of  j\l aster  Electricians  as  herein  defined,  and  for 
the  placing,  installing  and  operating  electrical  wires,  ap- 
pliances, apparatus  or  construction  in,  upon  and  about  buildings 
in  the  said  City  of  Baltimore,  and  when  so  adopted,  such  rules 
and  regulations  shall  have  the  same  force  and  effect  as  if  herein 
contained,  and  the  rules  of  said  Board  shall  also  provide  for  the 
giving  of  timely  notice  of  such  meetings  to  all  those  who  shall 
have  made  application  for  a  license  as  herein  provided,  and  said 
Board  shall  give  in  writing  to  the  Chief  of  the  Municipal  Elec- 
trical Inspectors  of  Baltimore  City  a  detailed  statement  of  all 
the  licenses  issued,  renewed  or  revoked  at  any  meeting  of  said 

Board. 

1906,  ch.  244,  sec.  5. 

663e.  The  term  Master  Electrician,  as  used  in  this  Act,  shall 
be  defined  as  and  including  any  and  all  persons,  firms  and  cor- 
porations engaged  in  business  of,  or  holding  themselves  out  to 
the  public  as  engaged  in  the  business  of  installing,  erecting  or 
repairing,  or  contracting  to  install,  erect  or  repair  electric  wires 
or  conductors,  to  be  used  for  the  transmission  of  electric  current 
for  electric  light,  heat,  or  power  purposes,  or  mouldings,  ducts, 
raceways  or  conduits  for  the  reception  or  protection  of  such 
wires  or  conductors,  or  to  any  electrical  machinery,  apparatus, 
devices  or  fixtures  to  be  used  for  electric  light,  heat  or  power 
purposes.  A  license  of  ''Master  Electrician"  issued  and  in 
accordance  with  the  provisions  of  this  Act,  shall  entitle  any  such 
person,  firm  or  corporation  so  licensed  to  engage  in  the  busi- 
ness of  and  to  hold  himself  or  itself  out  to  the  public  as  engaged 
in  the  business  of  installing,  erecting  and  repairing  and  of  con- 


341 

tracting  to  install,  erect  and  repair  any  electric  wires  or  con- 
ductors, etc. 

1906,  ch,  244,  sec.  6. 

663f .  Before  any  person,  firm  or  corporation  shall  hereafter 
engage  in  the  business  of  a  Master  Electrician  in  Baltimore 
City,  as  defined  in  this  Act,  and  before  any  person,  firm  or  cor- 
poration now  engaged  in  said  business  or  any  class  thereof, 
shall  continue  in  said  business  of  Master  Electrician,  such  per- 
son, firm  or  corporation  shall  apply  to  said  Board  for  a  license, 
as  herein  required,  whereupon  the  applicant  shall  present  him- 
self before  the  said  Board  at  a  time  and  place  fixed  by  said 
Board.  If  the  Board  shall  find  upon  due  examination  that  the 
applicant  presenting  himself  has  a  reasonable  knowledge  of 
electricity  and  the  natural  laws  and  functions  of  electric  wires, 
appliances  and  devices  for  electric  light,  heat  and  power  pur- 
poses, and  is  possessed  of  skill  and  of  knowledge  in  all  matters 
appertaining  to  the  business  of  Master  Electrician,  as  defined  in 
section  5  of  this  Act,  then  the  said  Board,  upon  pa;\Tnent  of  the 
fee  and  upon  executing  the  bond  herein  provided  for,  shall 
issue  to  the  said  person,  firm  or  corporation  a  license  as  Master 
Electrician  to  practice  said  business  for  a  term  of  one  year;  and 
shall  register  such  person,  firm  or  corporation  as  duly  licensed 
Master  Electrician;  provided,  however,  no  person,  firm  or  cor- 
poration who  shall  have  been  engaged  in  the  electrical  contract- 
ing business  in  the  City  of  Baltimore  for  a  period  of  three  (3) 
years  prior  to  the  passage  of  this  Act,  shall  be  required  to  take 
the  examination  as  provided  in  this  section,  before  the  issuance 
of  such  license,  and  provided  that  no  license  shall  be  granted  to 
any  person  under  the  age  of  twenty-one  (21)  years,  nor  shall 
any  license  be  granted  to  any  person  who  has  not  taken  and 
subscribed  an  oath  that  he,  or,  in  case  of  a  corporation,  the  one 
managing  the  electrical  work  thereof,  and  in  case  of  a  firm,  the 
one  managing  the  electrical  work,  has  had  at  least  three  (3) 
years  actual  experience  as  a  Master  Electrician  within  the 
meaning  of  section  5  of  this  Act,  or  as  journeyman  electrician 
in  such  class  or  classes  of  electrical  business  or  work,  as  in  the 
opinion  of  the  Board,  shall  have  properly  fitted  the  applicant 
for  a  license  as  a  Master  Electrician.  Any  person  whose  appli- 
cation for  a  license  shall  have  been  rejected  by  said  Board,  shall 
have  the  right  to  appeal  to  a  Board  of  Arbitration,  which  Kshall 
consist  of  one  person  selected  by  the  person  making  tlie  appeal, 
one  person  seleotoc]  by  thf'  Board  herein  created,  and  these  two 
to  select  a  third  person,  and  the  decision  of  said  Boai'd  of 
Arbitration  or  a   inaioritv  of  them  shall    lie   linal   and   Ijindiuii; 


;j42 

upon  all  the  parties  to  said  appeal ;  the  members  of  said  Board 
shall  be  paid  the  sum  of  five  dollars  ($5.00)  each,  which  sum 
shall  be  deposited  with  the  Board  herein  created  by  the  person 
taking  said  appeal  and  if  the  said  Board  of  Arbitration  shall 
affirm  the  decision  of  the  Board  herein  created,  the  money  so 
deposited  shall  be  used  to  pay  said  Board ;  if,  however,  such 
decision  be  reversed,  the  said  Board  of  Arbitration  shall  be  paid 
out  of  the  funds  in  the  hands  of  the  Board  herein  created,  and 
said  deposit  of  fifteen  dollars  ($15.00)  shall  be  returned;  pro- 
vided, further,  that  each  applicant  shall  pay  to  the  Treasurer 
of  said  Board  of  Electrical  Examiners,  the  sum  of  twenty-five 
dollars  ($25.00)  for  such  license,  and  provided,  further,  that 
every  person,  firm  or  corporation  before  receiving-  a  license 
shall  make,  execute  and  deliver  to  said  Board  a  good  and  suffi- 
cient bond  to  be  approved  by  said  Board,  in  the  name  of  the 
State  of  Maryland,  in  the  penal  sum  of  one  thousand  dollars 
($1000.00)  the  bond  to  be  conditioned  upon  the  faithful  per- 
formance of  any  and  all  work  entered  upon  or  contracted  for  by 
said  Master  Electrician,  and  to  save  harmless  the  owner,  or  real 
party  in  interest  in  the  property  for  which  any  such  material  is 
furnished,  or  services  performed  against  loss,  damage  and  in- 
jury which  shall  arise  through  want  of  skill,  or  through  the 
failure  to  use  suitable  or  proper  material  in  the  performance  of 
any  work  contracted  for  or  undertaken  by  said  Master  Electri- 
cian, or  his  or  its  agents  or  employees,  and  an  action  may  he 
maintained  thereon  in  the  name  of  such  owner  or  real  party  in 
interest  only,  if  commenced  within  one  ( 1 )  year  from  and  after 
the  date  of  the  installation  of  the  materials  furnished  or  per- 
formance of  such  work  or  service. 

1906,  ch.  244,  sec.  7. 

663g.  Each  and  every  license  issued  under  the  provisions  of 
this  Act  shall  be  evidence  in  any  Court  of  the  city  named  herein 
of  the  business  for  which  the  license  issued  for  a  period  not 
to  exceed  one  (1)  year  from  the  date  thereof.  All  licenses  and 
renewals  of  same  shall  expire  on  the  first  day  of  May  in  each 
year. 

1906,  ch.  244,  sec.  8. 

663h.  No  person,  firm  or  corporation  granted  a  license 
under  the  provisions  of  this  Act  shall  install  or  repair  electrical 
wires,  conductors  or  apparatus  for  electric  light,  heat  or  power 
purposes  after  the  expiration  of  said  licenses,  or  after  said 
license  shall  have  been  revoked  as  herein  provided,  unless  the 
said  license  or  renewal  of  same  shall  have  been  renewed  as 


i  I 


343 

herein  provided;  provided,  that  any  person,  firm  or  corpora- 
tion so  granted  a  license  under  the  provisions  of  this  Act,  (unless 
the  said  license  shall  have  been  revoked  as  hereinafter  provided), 
shall  be  granted  a  renewal  of  said  license  without  examination 
of  the  applicant,  provided,  application  is  made  to  the  said  Board 
by  the  holder  of  such  license  within  the  three  months  preceding 
the  expiration  of  such  license,  upon  payment  of  a  fee  of  ten 
dollars  ($10.00),  and  the  said  renewal  of  said  license  shall  be 
for  a  period  of  one  (1)  year,  and  any  such  renewal  of  such 
license  shall  have  the  same  weight  as  evidence  in  any  Court  of 
this  State  as  hereinbefore  provided  for  said  original  license; 
provided  also,  that  one  year  renewals  shall  be  granted  in  like 
manner  upon  expiration  of  any  renewal  of  license  upon  making 
like  application  and  paying  like  fee,  within  three  months  pre- 
ceding the  expiration  of  said  renewal. 

1906.  ch.  244,  sec.  9. 

663i.  Said  Board  shall  have  full  power  to  revoke  for  proper 
cause  any  license  or  renewal  of  same  after  a  full  hearing  of  all 
parties  in  interest. 

1906,  ch.  244,  sec.  10. 

663 j.  Each  license  and  renewal  of  same  shall  be  in  force 
and  effect  only  so  long  as  an  approved  bond  filed  with  the  said 
Board  in  accordance  with  the  provisions  of  this  Act  shall  remain 
in  full  force  and  effect,  and  every  such  license  or  renewal  of 
same  shall  become  utterly  void  and  of  no  effect,  should  any  such 
bond  for  any  reason  whatsoever  become  inoperative  or  inef- 
fective, regardless  of  the  regular  date  of  expiration  of  said 
certificate,  license  or  renewal. 

1906,  ch.  244,  sec.  11. 
663k.     Any  and  all  persons  granted  a  license  or  renewal  of 
same  shall  display  the  same  in  a  conspicuous  place  in  the  office 
or  place  of  business  of  such  licensee. 

1906,  ch.  244,  sec.  12. 
6631.  Nothing  in  this  Act  shall  be  construed  to  prevent  any 
person  from  doing  or  performing  any  of  the  kinds  of  work 
enumerated  in  section  5  of  this  Act,  pro\'ided  that  such  work 
is  performed  under  tlic  direction  and  s\ipervision  of  a  duly 
licensed  .Master  Electrician ;  but  no  such  work,  other  than  minor 
electric  repairs  for  the  maintenance  of  established  phi iits,  shall 
be  performed  excepting  under  such  direction  and  supervision  of 
a  (Inly  licensed  Master  Electrician,  and  the  said  licensed  electri- 
cian shall  bo  responsible  for  any  and  all  work  so  done  nnder  his 
direction  and  sn jxjrvision. 


344 

1906,  ch.  244,  sec.  13. 

663m,  Any  person,  firm  or  corporation  who  shall  practice  or 
engage  or  continue  in  the  work  of  a  Master  Electrician  without 
having  complied  with  all  the  provisions  of  this  Act,  and  any 
person  not  licensed  as  Master  Electrician,  who  shall  do  or  per- 
form any  such  work  except  under  the  direction  of  a  Master 
Electrician,  and  any  person  having  been  licensed  as  a  Master 
Electrician  and  who  shall  fail  to  renew  his  license  as  herein 
provided,  and  shall  do  or  perform  any  such  work,  or  who  shall 
violate  any  of  the  provisions  of  this  Act,  shall  be  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  sentenced  to 
pay  a  fine  of  not  less  than  twenty-five  dollars  ($25.00)  nor  more 
than  five  hundred  dollars  ($500.00)  or  to  an  imprisonment  not 
exceeding  ninety  (90)  days,  or  both,  in  the  discretion  of  the 
Court,  and  any  such  conviction  shall  ipso  facto  revoke  and 
annul  any  license  that  may  have  been  issued  to  such  person. 

1906,  ch.  244,  sec.  14. 

663n.  'No  license  or  renewal  of  same  granted  or  issued  under 
the  provisions  of  this  x\ct  shall  be  assignable  or  transferable, 
and  every  license  and  renewal  of  same  shall  specify  the  name 
of  the  person,  firm  or  corporation  to  whom  it  is  issued,  and  in 
the  case  of  a  firm,  the  member  of  said  firm,  and  in  the  case  of  a 
corporation,  the  principal  officer  or  the  designated  representa- 
tive of  said  corporation,  through  whom  the  application  for  the 
said  license  was  made. 

1906,  ch.  244,  sec.  15. 

663o.  All  fees  collected  under  the  provision  of  this  Act 
shall  be  for  the  use  of  said  Board  to  defray  its  necessary 
expenses. 

1906,  ch.  244,  sec.  16. 

663p.  It  shall  be  the  duty  of  the  said  Board  before  the  first 
Monday  of  May  of  each  year  to  make  a  report  in  writing  to  the 
Governor  of  the  State,  containing  a  detailed  statement  of  the 
nature  of  the  receipts  and  manner  of  expenditure,  and  any 
balance  of  money  remaining  at  the  end  of  the  year,  after  pay- 
ment of  expenses,  shall  be  reserved  by  the  treasurer  of  said 
Board  to  meet  the  expenses  for  the  ensuing  year. 

1906,  ch.  244,  sec.  17. 

663q.  The  provisions  of  this  Act  shall  not  apply  to  journey- 
men electricians  or  apprentices  while  such  journeymen  or  ap- 
prentices shall  be  practicing  their  trade  of  journeyman  electri- 


345 

cian  or  apprentice,  nor  to  any  electric  light  company,  electric 
railway  company,  steam  railway  company,  telegraph  or  tele- 
phone company  doing  such  work  in  its  own  buildings,  upon  its 
own  plants. 

LIQUOR  AXD  IXTOXICATIN^G  DRINKS. 

SALE  FORBIDDEN  IN  CERTAIN  PLACES. 

1882.  ch.  107.  P.  L.  L.,  (1S8S)  Art.  4,  sec.  651. 
664.  It  shall  not  be  lawful  for  the  Clerk  of  the  Court  of 
Common  Pleas  to  issue  license  to  any  person  to  sell  spiritiTOUS 
or  fermented  liquors  or  lager  beer  at  Mt.  Vernon  factories,  or 
at  any  place  within  three-fourths  of  a  mile  thereof,  or  on  Madi- 
son Avenue  extended. 

As  to  power  of  Legislature  to  restrict  sale  of  spirituous  or  fermented 
liquors  in  certain  districts,  sec, 

Parker  v.  State,  99  Md.  189. 

1864,  ch.  206.     P.  L.  L.,   (1888)  Art.  4,  sec.  652. 

665.  It  shall  not  be  lawful  for  the  Clerk  of  the  Court  of 
Common  Pleas  to  issue  a  license  to  any  person  to  sell  spirituous 
or  fermented  liquors  or  lager  beer  at  Woodberry  factory,  or  at 
any  place  nearer  thereto  than  three-fourths  of  a  mile  in  every 
direction. 

1888,  ch.  56.    1888,  ch.  98,  sec.  11.     P.  L.  L.,  (1888)  Art.  4,  sec.  653. 

666.  It  shall  not  be  lawful  for  the  Clerk  of  the  Court  of 
Common  Pleas  to  issue  license  to  any  person  to  sell  spirituous 
or  fermented  liquors  or  lager  beer  in  any  part  of  the  follow- 
ing district,  to  wit :  In  all  that  part  of  Baltimore  City  bounded 
on  the  east  by  Mount  Royal  terrace,  on  the  south  by  !N^orth  or 
Boundary  avenue,  on  the  west  by  Druid  Hill  avenue  extended, 
and  on  the  north  by  Druid  Hill  Park. 

1902,   ch.   228.     1906,   ch.   298. 

666a.  It  shall  not  be  lawful  for  the  Clerk  of  the  Court  of 
Common  Pleas  of  Baltimore  City  to  issue  licenses  to  any  per- 
son or  persons  or  body  corporate  to  sell  spirituous  or  fermented 
liquors  or  lager  beer  nearer  than  three-fourths  of  a  mile  in  all 
directions,  from  Walbrook  public  school,  formerly  known  as 
annex  school  No.  15,  in  the  City  of  Baltimore. 

1901.  ch.  600. 

666b.  It  shall  not  be  lawful  for  the  Clerk  of  the  Court 
of  Common  Pleas  of  Baltimore  City,  to  Lssue  license  to  any 


346 

person  or  persons  or  body  corporate,  to  sell  spirituous  or  fer- 
mented liquors  or  lager  beer  in  any  part  of  the  following  dis- 
trict, to  wit:  In  all  parts  of  Baltimore  City  lying  or  being 
within  the  following  lines  or  limits:  Beginning  at  the  south- 
west corner  of  Oak  street  and  Twenty-first  street,  and  running 
thence  north  and  bounding  on  the  west  side  of  Oak  street  to 
the  northwest  corner  of  Oak  and  Twenty-fourth  streets,  thence 
running  east  and  bounding  on  the  north  side  of  Twenty-fourth 
street  to  the  northeast  corner  of  Twenty-fourth  street  and  Guil- 
ford avenue,  thence  running  south  and  bounding  on  the  east 
side  of  Guilford  avenue  to  the  southeast  corner  of  Guilford 
avenue  and  Twenty-first  street,  and  thence  running  west  and 
bounding  on  the  south  side  of  Twenty-first  street,  to  the  place 
of  beginning. 

1904,  ch.  626. 

666c.  It  shall  not  be  lawful  for  the  Clerk  of  the  Court  of 
Common  Pleas  of  Baltimore  City  to  issue  to  any  person  or  per- 
sons, company,  association  or  body  corporate  a  license  to  sell 
any  fermented  or  spirituous  liquors  or  lager  beer  in  any  part 
of  the  following  district,  to  wit :  In  all  that  part  of  Baltimore 
City  beginning  for  the  same  at  the  intersection  of  the  western 
line  of  Baltimore  City  and  the  south  side  of  Edmondson  Ave- 
nue, and  thence  running  easterly  along  the  south  side  of  Ed- 
mondson Avenue  to  the  westernmost  side  of  Fifteenth  »Street ; 
thence  binding  on  the  westernmost  side  of  Fifteenth  Street 
southerlv  to  its  intersection  with  the  southwesternmost  side  of 
Dorsey's  lane ;  thence  southeasterly  binding  on  the  southwest- 
ernmost side  of  Dorsey's  lane  to  its  intersection  with  the  north- 
westernmost  side  of  Kossuth  Street ;  thence  southwesterly  along 
the  northwesternmost  side  of  Kossuth  Street  to  its  intersection 
with  the  southernmost  side  of  Old  Frederick  Road  ;  thence  south- 
easterly along  the  south  side  of  Old  Frederick  Road  to  the  west- 
ernmost boundary  of  the  lot  now  improved  by  the  Public  School 
No.  66 ;  thence  southerly  and  binding  for  a  part  thereof  on  the 
westernmost  boundary  of  said  lot  in  a  direct  line  to  the  south- 
ernmost side  of  Frederick  Road ;  thence  southeasterly  along 
the  southernmost  side  of  the  Frederick  Road  to  the  easternmost 
boundary  of  the  United  States  ISTational  Cemetery;  thence 
southerly  and  binding  for  a  part  thereof  on  the  easternmost 
boundary  of  said  cemetery  to  the  southwesternmost  side  of  the 
tracks  of  the  Baltimore  and  Potomac  Railroad ;  thence  south- 
westerly along  the  line  of  said  tracks  to  the  intersection  of  the 
same  with  the  southern  boundary  line  of  Baltimore  City ;  thence 
westerly  along  said  line  to  the  western  boundary  line  of  said 


M7 

city;  thence  north  binding  on  said  last  mentioned  line  to  the 
place  of  beginning. 

1906.   ch.   279. 

666(1.  It  shall  not  be  lawful  for  the  Clerk  of  the  Conrt  of 
Common  Pleas  of  Baltimore  City,  to  issue  license  to  any  person 
or  persons,  or  body  corporate,  to  sell  spirituous  or  fermented 
liquors  or  lager  beer,  in  any  part  of  the  following  district,  to 
wit :  In  all  parts  of  Baltimore  City  lying  or  being  within  the 
following  lines  or  limits :  Beginning  at  the  southeast  corner 
of  the  intersection  of  the  Western  Maryland  Railroad  and  the 
northern  boundary  of  the  city  line,  and  running  thence  easterly 
bounding  on  the  said  city  line  to  the  western  line  of  the  North- 
ern Central  Railroad ;  thence  southerly  bounding  on  the  western 
line  of  the  Northern  Central  Railroad,  to  a  point  where  the 
northern  boundary  of  Druid  Hill  Park  would  intersect  if  con- 
tinued east  to  said  point  of  intersection ;  thence  westerly  bound- 
ing on  the  north  side  of  Druid  Hill  Park  and  continuing  the 
same  course  until  the  said  line  shall  intersect  the  eastern  side 
of  the  Western  Maryland  Railroad,  thence  northerly,  bounding 
on  the  east  side  of  the  Western  Maryland  Railroad  to  the  place 
of  beginning. 

1906,    ch.    780. 

666e.  It  shall  not  be  lawful  for  the  Liquor  License  Commis- 
sioners, or  the  Clerk  of  the  Court  of  Common  Pleas  to  issue 
licenses  to  any  persons  to  sell  spirituous,  fermented  liquors  or 
lager  beer  in  any  part  of  the  following  districts :  In  all  that  part 
of  Baltimore  City  bounded :  Beginning  at  a  point  where  Twenty- 
eighth  Street  extended  westwardly  would  touch  Jones'  Falls, 
and  running  from  this  point  eastwardly  along  the  center  line 
of  Twenty-eighth  Street  as  laid  out,  and  extending  said  center 
line  eastwardly  to  the  center  line  of  Calvert  street,  and  thence 
northerly  along  the  center  line  of  Calvert  Street,  and  contiiuiing 
said  center  line  northerly  to  a  point  three  hundred  feet  north  of 
Alerryman's  Lane  and  thence  running  paralh^l  with  ]\Ierry- 
man's  Lane  and  throe  hundred  feet  northerly  fi-oni  said  Lane  to 
the  line  of  Cedar  Avenue  extended,  thence  westwardly  on  the 
south  side  of  Cedar  Avenue  to  Jones'  Falls,  and  thence  southerly 
along  Jones'  Falls  to  the  point  of  beginning. 

1908.  ch.  mK 

666f.      That  it  .sliall  not  be  lawful  fur  ihc  Ch'rk  of  the  Court 

of  Common  Ploas  of  Baltimore  City,  or  the  Clerk  of  the  Circuit 

Coui'f   \'<>r  l);iltiiiiore  County,  to  issue  to  any  person  or  persons, 

cotn[);iiiy,  association  or  liody  corporate,  a  litrensc  to  sell  s))iritn- 


348 

ous  or  fermented  liquors,  or  lager  beer,  in  any  and  all  parts 
of  Baltimore  City  and  in  any  and  all  parts  of  Baltimore  County 
lying  within  fifteen  hundred  yards  (1,500  yards)  in  any  direc- 
tion from  the  public  school  at  Forest  Park,  in  Baltimore  City, 
known  as  School  N^o.  64,  situated  on  Maine  Avenue,  the  ISTew 
Liberty  Road  and  Forest  Avenue. 

ISOO,  ch.  343.     p.  L.  L.,   (1SS8)  Art.  4,  sec.  653A.     1894,  ch.  86. 

667.  No  person  shall  offer  for  sale  or  keep  for  sale  in  the 
City  of  Baltimore  any  intoxicating  liquors,  except  as  herein- 
after provided ;  but  this  shall  not  apply  to  sales  made  by  a  per- 
son under  a  provision  of  law  requiring  him  to  sell  personal 
property,  nor  to  sales  of  liquors,  by  wholesale,  nor  to  sales  by 
the  maker,  brewer  or  distiller  thereof,  nor  to  sales  by  bottlers 
of  fermented  liquors,  nor  to  be  drunk  on  the  premises ;  save  and 
except  as  hereinafter  specially  provided  in  reference  to  whole- 
sale dealers  and  jobbers,  brewers,  distillers  and  bottlers,  in 
section  688,  wherein  the  rights  and  duties  of  said  classes  of  per- 
sons are  set  forth  and  defined.  Wherever  the  term  intoxicating 
liquors  is  used  in  this  sub-division  of  this  Article,  it  shall  be 
deemed  to  include  whiskey,  brandy,  rum,  gin,  wine,  ale,  beer 
and  all  other  fermented  and  distilled  liquors,  every  mixture 
of  liquors  which  shall  contain  more  than  two  per  cent,  by  weight 
of  alcohol,  and  every  mixture  of  liquors  which  shall  contain 
less  than  two  per  cent,  of  alcohol  if  the  same  shall  be  intoxi- 
cating. Nothing  in  this  sub-division  of  this  Article  shall  be 
construed  to  authorize  the  sale  of  any  intoxicating  liquor  or 
any  admixture  thereof  in  any  part  of  said  city  where  such 
sale  is  or  shall  hereafter  be  prohibited  by  special  law. 

State  V.  Stiefel,  74  Md.  546.    Trageser  v.  Gray,  73  Md.  251. 

1890,  ch.  343.     1892,  ch.  13.     P.  L.  L.,   (1888)   Art.  4,  sec.  653B. 

668.  The  Governor,  by  and  with  the  advice  and  consent  of 
the  Senate,  shall  appoint  three  persons  who  shall  constitute  a 
Board  of  Liquor  License  Commissioners  for  Baltimore  City, 
who  shall  hold  office  for  two  years,  and  until  their  successors 
are  appointed  and  qualified;  and  their  duties  shall  be  such  as 
hereinafter  described ;  provided,  however,  that  the  Liquor 
License  Commissioners  appointed  in  April  eighteen  hundred 
and  ninety,  shall  continue  in  office  until  the  expiration  of  the 
term  for  which  they  were  appointed. 

Trageser  v.  Gray,  73  Md.  251. 


349 

1890,  ch.  343.    P.  L.  L.,  (18S8)  Art.  4.  sec.  653C.    1900,  ch.  704.    P.  L.  L., 
(1898)    Art.  4,  see.  669.     1908,  ch.   197. 

669.  Said  Board  shall  appoint  such  clerk  or  clerks  and  coun- 
sel as  the  proper  transaction  of  the  business  of  the  Board  shall 
require,  and  shall  keep  a  full  record  of  all  applications  for 
licenses,  of  all  recommendations  for  and  remonstrances  against 
the  granting  of  licenses,  and  their  action  thereon ;  and  the  vote 
of  the  members  of  said  Board  bj  yeas  and  nays  shall  be  taken 
on  the  question  of  granting  or  refusing  every  application  for 
licenses,  and  whenever  any  license  granted  by  said  Board  shall 
be  hypothecated  or  assigned  for  any  of  the  purposes  set  forth  in 
section  690A  of  this  Article,  the  said  Board  shall  at  the' request 
of  the  person,  firm,  association  or  corporation  to  whom  said 
license  has  been  hypothecated  or  assigned,  record  the  instru- 
ment of  hypothecation  or  assignment  in  a  suitable  book  ke2)t 
for  that  purpose  and  shall  return  said  instrument  to  the  party 
presenting  the  same  after  having  endorsed  thereon  the  fact  of 
such  recording  and  the  day  and  date  thereof;  and  said  records 
of  said  Board  shall  at  all  suitable  times  be  open  to  the  inspec- 
tion of  the  public,  and  shall  be  deemed  and  taken  as  actual 
notice  to  all  persons  of  the  matters  and  facts  recorded  therein ; 
all  necessary  books  and  stationery  shall  be  furnished  by  the 
Mayor  and  City  Council  of  Baltimore,  and  all  salaries  and  ex- 
penses incident  to  the  business  of  the  Board  shall  be  paid  by  the 
Mayor  and  City  Council  of  Baltimore. 

1890,  ch.  343.  1892,  ch.  704.  1900,  ch.  704.  P.  L.  L.,  (1888)  Art.  4, 
sec.  653D.  P.  L.  L.,  (1898)  Art.  4,  sec.  670. 

670.  The  said  Board  shall  fix  the  salaries  of  all  clerks  and 
counsel  appointed  by  them  for  the  performance  of  the  duties 
imposed  by  this  sub-division  of  this  Article ;  any  member  of 
said  Board  shall  each  receive  a  salary  of  two  thousand  dollars 
annually,  to  be  paid  as  the  salaries  of  the  officers  of  the  City 
of  Baltimore  are  paid. 

1890,  ch.  343.    1894,  ch.  86.    P.  L.  L.,  (1888)  Art.  4,  sec.  653E. 

671.  ]^o  licenses  to  sell  intoxicating  liquors,  other  than  by 
wholesale  traders,  distillers,  brewers,  rectifiers,  and  bottlers 
of  fermented  liquors,  shall  be  granted  in  tlie  City  of  Baltimore 
except  by  said  Board,  and  only  to  citizens  of  the  United  States 
of  temperate  habits  and  good  moral  character,  who  have  com- 
plied with  tlie  requisites  of  this  sub-division  of  this  Article. 

p.  L.  L.,   (1888)  Art.  4,  sec.  653F.     1890,  ch.  343.     1894,  ch.  86. 

1908,  ch.  196. 

672.  All  licenses  to  sell  .spirituous  or  fermented  liquors  sliall 


350 

expire  on  the  first  day  of  May  next  ensuing  the  date  of  their 
issue,  and  shall  he  issued  for  twelve  or  six  months  only  and  for 
no  other  periods  of  time;  all  twelve  months'  licenses  shall  he 
granted  to  begin  only  from  the  first  day  of  May  in  the  year 
of  their  issue,  and  all  six  months'  licenses  shall  be  granted  to 
begin  only  from  the  first  day  of  November  and  from  no  other 
time,  in  the  year  of  their  issue;  and  all  applications  shall  be 
filed  before  the  first  day  of  May  or  the  first  day  of  ISTovember 
respectively;  provided,  however,  that  the  rates  for  the  six 
months'  licenses  shall  be  in  the  proportion  of  one-half  to  the 
rates  of  the  twelve  months'  licenses  as  hereinafter  provided  by 
this  sub-title  of  this  Article ;  provided,  further,  that  nothing  in 
this  section  shall  be  construed  to  affect  the  transfer  of  licenses 
as  now  provided  in  this  law. 

1890,  ch.  343.    1900,  ch.  442.    P.  L.  L.,  (1888)  Art.  4,  sec.  653G. 

673.  Every  person  applying  for  a  license  to  sell  intoxicating 
liquors  in  said  city  shall  file  with  the  said  Board  his,  her  or 
their  petition  for  such  license,  and  the  Board  shall  cause  notifi- 
cation of  such  petition  to  be  published  three  times  in  three  news- 
papers of  general  circulation  in  said  city  (one  of  which  shall  be 
printed  in  the  German  language),  to  be  designated  by  said 
Board,  the  first  publication  to  be  not  less  than  fifteen  nor  more 
than  thirty  days  before  the  time  fixed  by  the  Board  for  action 
on  said  petitions. 

I'.  L.  L.,  (1888)  Art.  4,  sec.  653H.     1890,  ch.  343.    1906,  ch.  278. 

1908,  ch.  281. 

674.  Said  petition  shall  contain  the  name  and  residence 
of  the  applicant,  and  how  long  he  has  resided  there;  (2)  the 
particular  place  for  which  a  license  is  desired,  designating  the 
same  by  street  and  number,  if  practicable^  and,  if  not,  by  such 
other  apt  description  as  definitely  locates  it;  (3)  the  kind  of 
license  desired,  whether  a  saloon  license,  hotel  license  or  retail 
grocer's  license;  (4)  the  name  of  the  owner  of  the  premises 
upon  which  the  business  licensed  is  to  be  carried  on;  (5)  a 
statement  that  the  applicant  is  a  citizen  of  the  United  States, 
and  that  it  is  necessary  for  the  accommodation  of  the  public 
that  the  place  should  be  licensed;  (6)  that  the  applicants  have 
not,  or  has  any  of  them,  had  a  license  for  the  sale  of  intoxicating 
liquors  in  this  State  revoked,  nor  has  been  convicted  of  any 
crime  within  one  year  preceding  the  filing  of  said  petition ;  (7) 
that  he  or  she  will  not  knowingly  sell,  or  allow  to  be  sold  in  the 
said  house  or  on  the  said  premises  any  such  liquor  on  Sunday 
or  on  election  days,  or  to  minors  at  any  time,  or  allow  a  minor 


351 

to  drink  in  said  house  or- on  said  premises;  that  he  or  she  will 
not  keep  or  permit  to  be  kept  a  bawdy  house  in  the  said  house 
or  on  said  premises,  or  the  gathering  together  or  the  visitation 
to  said  house  or  premises  of  women  for  lewd  or  immoral  pur- 
poses;  (8)  this  petition  must  be  verified  by  the  altidavit  of 
the  petitioner,  made  before  a  justice  of  the  peace;  if  any  false 
statement  is  made  in  any  part  of  said  petition,  the  petitioner 
shall  be  deemed  guilty  of  perjury,  and  upon  indictment  and 
conviction  thereof,  his  license  shall  be  revoked,  and  he  shall 
be  subject  to  the  penalties  provided  by  law  for  that  crime. 

Ordinary,  Licotse  for.  The  oath  prescribed  by  sec.  68,  Art.  56,  Public 
General  Laws  of  Maryland,  must  be  administered  before  a  license  can 
be  validly  issued  for  an  ordinary,  notwithstanding  the  practice  in  vogue 
in  Baltimore  City.  Blackburn  v.  Livingstone,  Daily  Record,  Jan.  15, 
1900.     Xutc  provisions  of  section  689  of  this  Article. 

1890,  ch.  343.     P.  L.  L.,   (1888)  Art.  4,  sec.  6531. 

675.  There  shall  be  annexed  to  this  petition  a  certificate 
signed  by  at  least  ten  respectable  qualified  voters  residing  or 
doing  business  in  the  ward  in  which  the  petitioner  asks  to  do 
business,  stating  the  residence  or  place  of  business  of  each  per- 
son, certifying  and  setting  forth  that  they  have  been  acquainted 
with  the  petitioner  or  petitioners  foi-  (specifying  the  lengtli  of 
such  acquaintance),  that  they  have  good  reason  to  believe  that 
all  the  statements  contained  in  the  petition  are  true,  and  they, 
therefore,  pray  that  the  prayer  of  said  petition  be  granted,  and 
the  license  issued  as  prayed  for. 

1890,  ch.  343.    P.  L.  L.,  (1888)  Art.  4,  sec.  653 J. 

676.  The  said  Board  shall  publicly  hear  petitions  from 

residents  of  the  ward  or  persons  living  or  doing  business  in 

the  vicinity  of  the  place  for  which  license  is  prayed,  in  addition 

to  that  of  the  petitioner,  in  favor  of,  and  remonstrance  against 

the  granting  of  said  license ;  and  in  all  cases  shall  refuse  the 

same,  whenever,  in  the  opinion  of  the  said  Board  such  license 

is  not  necessary  for  the  accommodation  of  the  public,  or  the 

petitioner  or  petitioners  is  or  are  not  fit  persons  to  whom  such 

license  should  be  granted ;  and  if  sufficient  (uiuse  shall  at  any 

time  be  shown,  or  proof  be  made  to  the  said  Board,  that  the 

party  licensed  was  gitilty  of  any  fraud  in  procuring  such  license, 

()]•  has  violated  any  law  of  the  State  relating  to  the  sales  of 

intoxicating  licpior,   the;  said  Board  sliall,   after  giving  notice 

to  tlio  persfm  so  licensed,  revoke  said  license;  and  the  Criminal 

Court  of  the  City  may  in  like  manner  revoke  said  license  if  tlic 

party  should  be  convicted  before  it  of  any  such  violation. 

Trageser  v.  Gray,  73  Md.  253. 


,^52 

Liquor  License  Commissioners.  As  to  powers  of  Liquor  License  Com- 
missioners of  Baltimore  City  to  revolie  a  license  on  sufficient  cause,  and 
the  extent  of  the  Board's  discretionary  powers,  in  relation  thereto,  see, 
Childs  V.  White,  Daily  Record,  December  16,  1890. 

1908,  ch.  281. 

676xV.  Any  club,  society  or  association  whatever,  whether 
incorporated  or  not,  now  in  existence  or  hereafter  to  be  formed, 
desiring  to  sell  or  furnish  intoxicating  liquors  to  its  members 
or  guests,  in  order  to  do  so  shall  first  obtain  a  club  license  from 
the  said  Board  upon  its  application  therefor  to  be  made  by  a 
petition  to  be  signed  and  sworn  to  in  due  form  of  law  on  its 
behalf  by  its  president  or  secretary.  Every  such  petition  shall 
affirmatively  show:  First,  that  the  applicant  is  a  bona  fide 
social  club  or  society  or  association,  composed  of  reputable 
citizens  over  twenty-one  years  of  age,  duly  organized  with 
officers  and  a  constitution  or  by-laws,  that  by  the  terms  of  such 
constitution  or  by-laws  the  members  of  such  applicant  are 
required  to  be  elected  by  a  formal  vote  of  its  members,  directors 
or  governing  body  and  to  pay  after  election  a  substantial  en- 
trance or  initiation  fee,  and  substantial  annual  or  semi-annual 
dues  during  their  membership,  and  that  the  membership  in  said 
club,  society  or  association  is  bona  fide  and  real.  Second,  that 
the  applicant  was  not  and  is  not  organized  for  the  purposes  of 
profit  and  does  not  seek  a  club  license  to  sell  or  furnish  intoxi- 
cating liquors  for  any  purpose  other  than  the  accommodation 
of  its  members  and  duly  recognized  and  registered  guests. 
Third,  the  particular  place  in  which  the  applicant's  club,  society 
or  association  is  located,  and  proposes  to  sell  or  furnish  intoxi- 
cating liquors,  and  that  such  place  is  not  in  any  building  which 
contains  any  saloon  or  other  establishment  that  may  be  licensed 
under  this  sub-division  of  this  Article  to  sell  liquors,  desig- 
nating such  place  by  street  and  number,  or  otherwise  definitely 
to  the  satisfaction  of  the  said  Board.  Fourth,  the  name  of 
the  owner  of  the  premises  so  used  or  occupied  by  said  appli- 
cant. Fifth,  that  the  applicant  has  not  had  a  license  for.  the 
sale  of  intoxicating  liquors  in  this  State  revoked  nor  has  it 
been  convicted  of  any  crime  within  one  year  preceding  the 
filing  of  said  petition.  Sixth,  that  the  applicant  will  obey  and 
observe  all  laws  applicable  to  it  prohibiting  the  sale  of  intoxi- 
cating liquors  upon  its  premises  or  by  it  on  any  days  or  occa- 
sions in  said  laws  mentioned,  and  will,  at  all  times,  to  the  best 
of  its  ability,  prevent  the  sale  of  intoxicating  liquors  therein 
from  becoming  the  source  of  any  disturbance  of  the  peace  or 
good  order  of  the  city.     No  signers  shall  be  required  to  attest 


353 

the  character  of  applicants  for  a  ehib  license,  l)\it  witli  the 
application  shall  be  filed  a  sworn  list  of  the  bona  tide  members 
of  such  club,  society  or  association,  and  before  issuing  the 
license  applied  for  the  said  Board  shall  be  satisfied  that  the 
applicant  is,  in  fact,  such  a  legitimate  bona  fide  organization 
as  it  claims  to  be,  and  that  it  would  not  be  a  nuisance  to  the 
neighborhood  in  which  it  is  located,  and  for  such  purpose  the 
Board  may  call  for  such  other  and  additional  evidence  as  to  it 
may  seem  proper,  and  may  hear  petitions  in  opposition  thereto, 
as  provided  in  sections  676  and  687  of  this  Article. 

1890,  ch.  343.    P.  L.  L.,  (1888)  Art.  4,  sec.  653K. 

677.  iSTo  license  shall  be  issued  to  any  person  or  persons 
until  he,  she  or  they  shall  have  paid  the  license  fees  provided 
for  in  this  sub-division  of  this  Article. 

P.  I..   L.,    (1888)    Art.  4,  sec.  653L.     1894,  cb.  80.     1900,  t-li.  278.     1908, 

ch.  196.     1914,  ell.  853. 

678.  If  after  the  notice  and  hearing  provided  for  in  this 
sub-division  of  this  Article,  the  said  Board  shall  decide  to 
grant  the  license  prayed  for,  they  shall  notify  the  applicant  of 
such  decision  in  writing,  and  if  the  applicant  shall,  within 
thirty  days  from  the  date  when  such  license  granted  is  to  be- 
come effective,  produce  to  the  Clerk  of  the  Court  of  Common 
Pleas,  the  said  notification,  and  pay  said  Clerk  the  sum  of 
money  herein  specified  for  the  particular  license  prayed  foi', 
the  said  Clerk  shall  thereupon  issue  to  him  the  license  granted 
to  him  by  the  said  Board ;  but  every  grant  of  a  twelve  mouths' 
license  upon  which  no  license  has  been  actually  taken  out  and 
paid  for  prior  to  the  first  day  of  June,  in  the  year  of  its  issue, 
and  every  grant  of  a  six  months'  license  upon  Avhich  no  license 
has  been  actually  taken  out  and  paid  for  prior  to  the  first  day  of 
December,  in  the  year  of  its  issue,  shall  be  after  the  said  first 
day  of  June  or  December,  respectively,  null  and  A'oid,  and  no 
license  shall  be  issued  thereupon. 

For  a  saloon  or  restaurant  in  which  distilled  liquors  or  niiy 
mixture  of  distilled  liquors  containing  more  than  fifteen  per 
centum  of  alcohol  or  fermented  licpiors  continuing  less  than 
fifteen  per  centum  of  alcohol,  may  be  sold  by  retjvil,  i'v  the 
di-ink,  or  in  quantities  or  packages  not  exceeding  five  gallons  of 
any  spirituous  or  fermented  liquors,  except  lager  beer,  and 
not  exceeding  one  keg  of  eight  gallons  or  less  of  IjigcM-  beer  to  be 
di'unk  on  the  premises  oi-  not,  as  desired  by  the  purchaser,  the 
sum  of  one  thousand  dollars  sliall  be  paid  for  a  twelve  months' 
license  for  the  twchc  months  beginning  on  May  1st,  1014,  and 

(13) 


854 

for  each  succoediug  term  of  twelve  months  begiiming  on  the 
first  day  of  May  in  each  and  every  year  thereafter ;  and  a  sum 
equal  to  one-half  of  said  sum,  shall  be  paid  for  a  six  months' 
license.  For  a  hotel  license  the  same  amounts  shall  be  paid  in 
the  same  manner. 

For  a  club  license,  the  sum  of  seven  hundred  and  fifty  dollars 
shall  be  paid  for  a  twelve  months'  license  for  the  term  of  twelve 
months  beginning  on  the  first  day  of  May  in  each  and  every 
year,  accounting  from  May  1,  1914,  and  a  sum  equal  to  one- 
half  of  said  sum  of  $750.00  shall  be  paid  for  a  six  months' 
license.     For  a  retail  grocers'  license,  the  simi  of  five  himdred 
dollars  shall  be  paid  for  a  twelve  months'  license  for  each  term 
of  twelve  months,  beginning  on  the  first  day  of  May,  in  each 
and  every  year,  accounting  from  May  1st,   1908,  and  a  sum 
equal  to  one-half  of  said  sum  of  five  hundred  dollars  shall  be 
paid  for  a  six  months'  retail  grocer's  license;  provided,  how- 
ever, that  none  but  a  bona  tide  retail  grocer  who  shall  make 
application  to  said  Board  therefor,  shall  receive  a  retail  grocer's 
license,  and  no  such  retail  grocer's  license  shall  be  given  to 
anyone  except  on  complying  with  the  conditions  of  this  Act, 
and  such  license  shall  only  entitle  such  licensees  to  sell  wines, 
spirituous  or  fermented  liquors,  as  aforesaid,  in  quantities  or 
packages  of  not  less  than  one  pint;  but  in  no  case  to  be  drunk 
ou  the  premises ;  nor  shall  such  retail  grocer's  license  to  sell 
wines,  spirituous  or  fermented  liquors,  as  aforesaid,  be  given 
to  any  applicant  who,  or  whose  concern  generally   keeps  on 
hand,  or  in  case  of  applications  for  the  first  time,  expects  to 
generally  keep  on  hand,   at  the  principal  season  of  sale,   an 
amount  of  stock  of  wines,  spirituous  or  fermented  liquors  in 
excess  of  thirty  per  centum  of  the  total  amount  of  stock  of 
goods,  wares  and  merchandise  generally  kept  on  hand  by  him, 
or  the  said  concern,  at  the  principal  season  of  sale;  and  every 
applicant  for  such  retail  grocer's  license  shall,  in  addition  to 
the  statement  on  oath,  now  required  by  law  of  applicants  for 
trader's  license,  as  to  their  total  stock  of  goods,  wares  and  mer- 
chandise, state  to  the  Clerk  of  the  Court  of  Common  Pleas,  ou 
oath  to  be  administered  by  the  Clerk,  the  amount  of  said  appli- 
cant's stock  of  wines,  spirituous  or  fermented  liquors  generally 
kept  on  hand  by  him,  or  the  concern  in  which  he  is  engaged 
at  the  principal  season  of  sale  or  if  said  applicant  shall  not 
have  previously  engaged  in  such  trade  or  business,  the  amount 
of  such  stock  he  expects  to  keep  as  aforesaid.     In  no  case  shall 
a  license  to  sell  intoxicating  liquors  by  the  drink  be  granted 
to  any  person  who  shall  obtain  a  license  to  sell  goods,  vt^ares  or 
merchandise  other  than   intoxicating  upon  the  said   premises, 


355 

when  Hucli  intoxicatiiiii;  licjuors  are  licensed  to  l)o  sold,  but 
licensed  saloonkeepers  may  also  sell  tobacco  and  non-alcoholic 
beverages;  provided,  fnrther,  that  no  retail  licenses  shall  be 
issued  to  any  distiller  or  brewer. 

P.  L.  L..   (1888)  Art.  4,  sec.  Go3M.     1890,  ch.  34^].     1908,  ch.  19G. 

679.  The  whole  of  the  money  received  by  the  Clerk  of  the 
Court  of  Conmion  Pleas  for  the  licenses  aforesaid  shall  be 
paid  over  quarterly  by  said  clerk  of  the  Court  of  Common 
Pleas  to  the  State,  as  now  provided  by  law,  and  when  so  paid 
over,  the  Comptroller  of  the  Treasurv  shall  draw  his  warrant 
upon  the  Treasurer  in  favor  of  the  Mayor  and  City  Council  of 
Baltimore  for  three-fourths  thereof,  to  be  applied  to  the  general 
use  of  said  city. 

1890.  ch.  343.     p.  L.  I...    (1888)   Art.  4,  sec.  ()53N. 

680.  Every  person  receiving  a  license  under  this  sub-divi- 
sion of  this  Article  shall  frame  his  license  under  a  glass,  and 
place  the  same  so  that  it  shall  at  all  times  be  conspicuous  and 
easily  read,  in  his  chief  place  of  making  his  sales,  and  no 
license  issued  under  this  sub-division  of  this  Article  shall  auth- 
orize sales  by  any  person  who  shall  neglect  this  requirement. 

1890,  ell.  343.     P.  L.  L..    (1888)    Art.  4,  sec.  6530. 

681.  Xo  licensee  under  the  provisions  of  this  sub-division  of 
this  Article  shall  sell  or  furnish  any  intoxicating  liquors  at  anv 
time  to  a  minor,  either  for  his  or  her  own  use,  or  for  the  use  of 
any  other  person,  or  to  a  drunkard,  or  to  any  person  whose 
parent,  guardian,  husband,  wife  or  child  shall  have  given  to 
such  licensee  a  notice  in  writing,  verified  by  affidavit,  that  such 
person  is  of  intemperate  habits,  and  requesting  such  licensee  not 
to  sell  to  him  or  her,  or  to  a  person  visibly  affected  by  intoxi- 


cating drinks. 


Peterson  v.  State,  83  Md.  194. 


P.  L.  L.,   (1888)   Art.  4.  sec.  Gn3P.     1890.  eli.  343.     1894.  cli.  2.'57. 

1908.  ch.  281. 

682.  No  licensee  under  the  sub-division  of  this  Ailicle 
holding  any  other  than  a  hotel  license,  shall  sell  or  furnisli  to 
any  person  intoxicating  liq\iors  on  any  day  upon  which  elections 
are  now,  or  may  hereafter  be  required  by  law  to  be  held  nor  on 
the  Lord's  Day,  commonly  called  Sunday ;  no  licensee  under 
the  sub-division  of  this  Article  hc^ldiniz;  anv  other  than  a  hotel 
or  a  club  license  shall  sell  or  furnish  to  any  person  intoxicati!!*."; 
liquors  between  the  hours  of  twelve  midnight  and  five  o'clock 


356 

A.  M.,  uor  in  any  place  to  which  an  entrance  shall  be  allowed 
other  than  directly  from  a  public-traveled  way.  Kor  shall  any 
snch  licensee  holding  a  hotel  license  sell  or  fnrnish  any  such 
intoxicating  liquors  on  said  prohibited  days,  except  to  bona 
fide  registered  guests  to  be  drunk  in  their  rooms  or  at  their 
meals,  nor  shall  any  club  licensees  sell  or  furnish  such  liquors 
to  any  person  at  any  time  between  the  hours  of  one  o'clock 
A.  M.  and  five  o'clock  A.  M.  on  any  day.  And  provided, 
further,  that  any  licensees  under  the  sub-divisions  of  this  Arti- 
cle may  with  the  permission  of  the  Board  of  Police  Commis- 
sioners at  any  bona  fide  entertainment  of  any  society,  club  or 
association,  sell  intoxicating  liquors  between  such  hours  as 
the  Board  aforesaid  may  designate  in  such  permit. 

Ill  connection  with  provisions  of  section  682,  see,  McCracken  v.  State, 
71  Md.  154  and  I'arker  v.  State.  09  Md.  189. 

Maryland  Club  cannot  furnish  liquor  on  Sunday  to  its  members. 
State  V.  Maryland  Club,  105  Md.  586. 

1890.  ch.  343.     P.  L.  L.,    (1888)   Art.  4,  sec.  653Q. 

683.  Druggists  and  apothecaries  shall  not  be  required  to 
obtain  license  under  the  provisions  of  this  sub-division  of  this 
Article,  but  they  shall  not  sell  intoxicating  liquors  nor  com- 
pound or  mix  any  composition  thereof,  except  upon  the  written 
prescription  of  a  regular  physician ;  nor  more  than  once  on  any 
one  prescription  of  the  physician ;  and  every  druggist  or  apothe- 
cary shall  keep  a  book  for  the  special  purpose  and  enter  therein 
the  date  of  every  sale  of  intoxicating  liquor  made  by  him,  the 
person  to  whom  sold,  the  kind,  quantity  and  price  thereof,  and 
the  purpose  for  w^hich  it  w-as  sold,  and  such  book  shall  be  at 
all  times  open  to  the  said  Board,  or  of  any  person  designated 
and  authorized  by  them  to  make  such  inspection,  and  shall  be 
produced  before  such  Board  when  required;  and  any  failure 
to  comply  with  the  provisions  of  this  section  shall  render  such 
druggist  or  apothecary  so  failing,  liable  to  the  same  penalties  as 
if  he  had  sold  intoxicating  liquors  without  a  license. 

1890,  ch.  343.     P.  L.  L.,    (1888)   Art.  4,  sec.  653K. 

684.  Any  person  who  shall  hereafter  be  convicted  of  selling 
intoxicating  liquors,  or  any  admixture  thereof,  in  the  City  of 
Baltimore,  without  a  license  under  the  provisions  of  this  sub- 
division of  this  Article,  shall  be  sentenced  to  pay  a  fine  of  not 
less  than  five  hundred  dollars  nor  more  than  five  thousand  dol- 
lars, or  undergo  imprisonment  in  the  jail  of  said  city,  or  in 
the  House  of  Correction  of  not  less  than  three  months,  nor  more 
than  twelve  months,  or  to  both  fine  and  imprisonment,  at  the 
discretion  of  the  Court. 


IS'.Xi.  cli.  o4.'J.     P.   J,.   J...    US^^'"^)    Art.  4,  see.  6588. 

685.  Any  person  having  a  license  under  the  provisions  of 
this  sub-division  of  this  Article  who  shall  hereafter  be  con- 
victed of  violating  any  of  the  provisions  of  this  sub-division  of 
this  Article  or  of  the  conditions  of  his  license,  shall  be  subject 
to  a  line  of  not  less  than  one  hundred  or  more  than  five  hundred 
dollars;  and  for  any  second  offence,  whereof  he  shall  be  con- 
victed, his  license  shall  be  vacated  and  revoked,  and  he  shall  be 
subject  to  a  fine  of  not  less  than  five  hundred  nor  more  than 
one  thousand  dollars,  or  to  imprisonment  in  the  jail  or  the 
House  of  Correction  for  not  less  than  three  months,  nor  more 
than  twelve  months,  or  to  both  fine  and  imprisonment  at  the 
discretion  of  the  Court.  The  license  of  any  person  who  per- 
mits minors  to  frequent  or  loiter  about  his  place,  or  disreputable 
or  disorderly  persons  to  make  it  a  customary  place  of  visitation 
or  resort,  may  be  at  any  time,  upon  proof,  revoked  by  the  Crim- 
inal Court  of  Baltimore  City,  or  by  said  Board,  the  same  person 
shall  not  again  be  licensed  within  two  years  of  the  time  of  such 
revocation.  ISTothing  in  this  sub-division  of  this  Article  shall 
be  construed  to  repeal  or  modify  any  of  the  provisions  con- 
tained in,  or  the  penalties  imposed  by  any  law  of  this  State 
forbidding  or  restricting  the  sale  of  intoxicating  liquors  on  a 
day  on  wliicli  elections  are  held. 

1890,  cb.  343.     P.  L.  I..,    (ISSS)   Art.  4,  sec.  653T. 

686.  Upon  complaint  or  allegation  by  any  qualified  voter 
of  Baltimore  City  who  shall  give  security  for  the  cost  of  prose- 
cution, that  any  license  has  been  corruptly  or  knowingly  issued 
by  said  Board  to  any  person  who  has  not  complied  with  the 
provisions  of  this  sub-division  of  this  Article,  it  shall  be  the 
duty  of  the  State's  Attorney  to  file  in  the  Criminal  Coui't  of 
Baltimore  City  an  information  against  said  Board  and  against 
said  licensee,  and  if  it  shall  be  found  that  such  license  was 
improperly  issued,  said  license  shall  be  revoked,  and  the  mem- 
bers of  said  Board  who  voted  in  favor  of  issuing  said  license 
shall  in  addition  to  the  other  penalties  for  malfeasance  in  office 
be  removed  from  said  office. 

1892,  clj.  641.     P.  T..  L.,   (1888)   Art.  4,  sec.  G58U. 

687.  For  the  purpose  of  all  hearings  and  inquiries  which 
the  Board  of  T>iquor  License  Commissioners  are  authorized  to 
have  and  make,  they  are  hereby  authorized  to  issue  summons 
for  witnesses  and  administer  to  them  oaths  or  affirmations,  and 
all  summons  so  issued  .shall  be  served  by  the  police  force  of  the 


358 

City  of  Baltimore.  If  any  witness  so  summoned  shall  refuse  or 
neglect  to  attend,  or  attending,  refuse  to  testify,  the  said  Board 
shall  report  the  facts  to  the  Superior  Court  of  Baltimore  City, 
which  is  hereby  authorized  and  directed  to  proceed  by  attach- 
ment against  said  witnesses  in  all  respects  as  if  said  neglect  or 
refusal  had  been  by  witnesses  summoned  to  appear  in  said 
court  in  cases  pending  before  it. 

V.  L.  L.,   (1888)  Art.  4,  see.  ti53V.     1894,  eh.  86.     1906,  ch.  278. 

1908,  ch.  196. 

688.  Distillers,  brewers  and  wholesale  dealers  or  jobbers, 
other  than  wholesale  druggists,  shall  be  allowed  to  sell  spiri- 
tuous liquors  in  quantities  of  not  less  than  one  pint  each,  and 
fennented  liquors  in  packages  of  not  less  than  two  dozen  pint 
bottles  or  twelve  quarts  each,  but  in  no  case  to  be  drunk  on 
the  premises;  distillers  and  brewers  shall  require  no  licenses; 
wholesale  dealers  and  jobbers,  other  than  wholesale  druggists, 
shall  be  entitled  to  receive  a  license  as  such,  to  sell  as  above 
stated  and  not  otherw^ise,  upon  applying  directly  to  the  clerk 
of  the  Court  of  Common  Pleas  and  paying  to  him  the  sum  of 
five  hundred  dollars  for  the  twelve  months  beginning  on  May 
1,  1908;  the  sum  of  seven  hundred  and  fifty  dollars  for  the 
twelve  months  beginning  on  May  1,  1909 ;  and  the  sum  of  one 
thousand  dollars  for  the  twelve  months  beginning  on  May  1, 
1910,  and  for  each  succeeding  term  of  twelve  months  beginning 
on  the  first  day  of  May  in  each  and  every  year  thereafter.  But 
any  person,  co-partnership  or  corporation  (other  than  brewers, 
who  as  hereinbefore  stated,  require  no  license),  may  be  licensed 
to  conduct  a  bottling  business  by  selling  fermented  liquors  only, 
and  in  quantities  or  packages  not  less  than  twelve  pint  bottles, 
by  applying  direct  to  the  Clerk  of  the  Court  of  Common  Pleas 
and  paying  him  the  sum  of  eighty  dollars  for  the  twelve  months 
beginning  on  May  1,  1908;  the  sum  of  one  hundred  and 
twenty  dollars  for  the  twelve  months  beginning  on  May  1,  1909, 
and  the  sum  of  one  hundred  and  sixty  dollars  for  the  twelve 
months  beginning  on  May  1,  1910,  and  for  each  succeeding 
term  of  twelve  months,  beginning  on  the  first  day  of  May  in 
each  and  every  year  thereafter.  Wholesale  druggists  shall  he 
entitled  to  receive  a  license  as  such,  to  sell  under  the  same  con- 
ditions^ as  above  stated  with  respect  to  distillers,  brewers  and 
wholesale  dealers  or  jobbers,  other  than  wholesale  druggists, 
and  not  otherwise,  upon  applying  directly  to  the  Clerk  of  the 
Court  of  Common  Pleas  and  paying  to  him  the  sum  of  tw^o 
hundred  and  fifty  dollars.     But  no  such  wholesale  druggist's 


359 

license  to  sell  wiues,  spirituous  or  fermented  liquors  slniU  be 
given  to  any  applicant  who,  or  whose  concern,  generally  keeps 
on  hand,  or,  in  the  case  of  application  for  the  first  time,  expects 
to  generally  keep  on  hand  at  the  principal  season  of  sale,  an 
amount  of  stock  of  wine,  spirituous  or  fermented  liquors  in 
excess  of  five  per  centum  of  the  total  amount  of  stock  of  goods, 
wares  and  merchandise  generally  kept  on  hand  by  him,  or  the 
said  concern,  at  the  principal  season  of  sale,  and  every  applicant 
for  such  wholesale  druggist's  license  shall,  in  addition  to  the 
statement  on  oath  now  required  by  law  of  applicants  for  trader's 
licenses  as  to  their  total  stock  of  goods,  wares  and  merchandise, 
state  to  the  clerk  of  the  Court  of  Common  Pleas  on  oath  to  be 
administered  by  the  clerk,  the  amount  of  said  applicant's  stock 
of  wines,  spirituous  or  fermented  liquors  generally  kept  on 
hand  by  him,  or  the  concern  in  which  he  is  engaged,  at  the  prin- 
cipal season  of  sale,  or,  if  said  applicant  shall  not  have  previous- 
ly engaged  in  such  trade  or  business,  the  amount  of  such  stock 
he  expects  to  keep  as  aforesaid.  Any  person  required  by  this 
section  to  take  out  a  license,  who  shall  sell  or  offer  for  sale  any 
intoxicating  liquors  without  first  having  procured  such  license, 
and  any  person  who  shall  violate  any  of  the  provisions  of  this 
section  as  to  the  manner  or  quantity  in  which  he  shall  sell  or 
offer  for  sale  such  liquors,  whether  he  shall  be  required  to  take 
out  a  license  or  not,  shall  be  deemed  guilty  of  a  misdemeanor 
and  upon  conviction  thereof,  shall  be  fined  not  less  than  two 
hundred  and  fifty  dollars,  nor  more  than  five  hundred  dollars, 
in  the  discretion  of  the  court;  no  license  under  this  section 
shall  be  issued  for  a  longer  period  than  one  year,  if  issued  for  a 
shorter  period,  the  licensee  shall  pay  for  every  month  for  which 
his  license  is  to  run,  one-twelfth  of  the  annual  charge  for  such 
license,  and  all  such  licenses  shall  expire  on  the  first  day  of  May 
succeeding  their  issue ;  the  whole  of  the  money  received  by  the 
Clerk  of  the  Court  of  Common  Pleas  for  the  licenses  aforesaid 
shall  be  paid  over  quarterly  by  said  Clerk  of  the  Court  of 
Common  Pleas  to  the  State,  as  now  provided  by  law,  and  when 
so  paid  over  the  Comptroller  of  the  Treasury  shall  draw  his 
warrant  upon  the  treasurer  in  favor  of  the  Mayor  and  City 
Council  of  Baltimore  for  three-fourths  thereof,  to  be  applied  to 
the  general  use  of  said  city. 

Tho  license  fee  of  .$1G0,  under  section  6SS  as  amended  by  Chapter  100 
(A(;ts  1908)  does  not  apply  to  a  dealer  who  pays  a  brewery  company 
to  bottle  for  him  beer  which  he  purchased  from  the  brewery.  The 
statute  applies  where  tlie  licensee  conducts  a  bottling  f)usinesa  of  his 
own  and  sells  only  fermented  liquors  which  lie  bottles  liimself. 


360 

1894,  ch.  80.     1'.  L.  L..   (,1888)  Art.  4,  sec.  653W.     1906,  ch.  278. 

689.  ^0  person  shall  receive  a  "hotel  license/'  allowing 
the  sale  of  intoxicating  liquors  at  a  hotel  or  ordinary,  unless  he 
shall  present  to  the  Clerk  of  the  Court  of  Common  Pleas  a 
notification,  as  provided  for  in  section  678  of  this  Article, 
wherein  the  decision  of  the  Board  of  Liquor  License  Commis- 
sioners to  grant  a  "hotel  license,"  to  the  applicant,  is  plainly 
expressed  nor  until  such  applicant,  in  addition  to  paying  the 
sum  prescribed  in  this  sub-division  of  this  Article,  shall  have 
also  paid  for  and  received  a  license  to  keep  a  hotel  or  ordinary, 
as  now  provided  by  law. 

As  to  license  for  ordiiunij,  see,  note  to  section  674,  ante,  and  Black- 
burn V.  Livingstone,  Ds^ily  Record,  Jan.  15,  1900. 

1894.  cli.  86.     1900,  di.  278.     1\  L.  L.,    (1888)   Art.  4.  .sec.  653X. 

690.  Any  holder  of  a  license  to  sell  intoxicating  liquors  at 
retail,  by  the  drink  or  otherwise,  may  be  permitted  by  said 
Board,  in  their  discretion,  to  sell  or  assign  said  license  to  an- 
other person,  to  be  used  at  the  same  or  another  place  of  business, 
or  to  transfer  his  said  license  to  another  place  of  business; 
provided,  that  the  fitness  and  propriety  of  said  intended  pur- 
chaser or  assignee,  and  of  said  intended  new  place  of  business 
shall  be  first  approved  by  said  Board  upon  due  application 
therefor,  recommendation  by  qualified  voters,  advertisement  of 
same  in  newspapers,  etc.,  as  in  case  of  an  original  appli- 
cation for  such  license.  Such  sale  or  assignment  or  transfer 
when  granted  by  said  Board  shall  be  endorsed  upon  the  license 
by  the  Clerk  of  the  Court  of  Common  Pleas,  who  shall  be 
entitled  to  receive  a  fee  of  fifty  cents  therefor,  and  the  same 
shall  then  take  effect.  And  whenever  the  said  Board  may  be 
satisfied  that  any  license  has  been  lost  or  destroyed  or  that  any 
licensee  has  transferred  or  assigTied  his  license  to  another 
person,  and  the  said  transfer  or  assignment  has  been  duly  ap- 
proved by  the  Board,  in  the  manner  above  provided  for,  and  the 
original  licensee  withholds  said  license  from  the  person  or  per- 
sons to  whom  he  has  assigned  or  transferred  the  same,  and 
refuses  to  deliver  or  surrender  said  license,  the  said  Board  shall 
have  the  power  to  revoke  and  cancel  said  original  license  and 
to  issue  a  duplicate  license  in  lieu  thereof  to  such  transferee 
upon  the  payment  of  the  aforesaid  fee  of  fifty  cents,  without 
any  additional  license  fee.  And  if  any  license  shall  he  in 
course  of  transfer  for  the  same  place  of  business,  the  Board  sliall 
have  the  power  in  its  discretion  to  issue  a  permit  to  the  owner 
or  transferee  of  such  license  to  conduct  business  thereunder 


361 

uutil  a  duplicate  license  can  be  issued  or  said  transfer  duly 
effected,  and  the  Clerk  of  the  Court  of  Common  Pleas  shall 
endorse  upon  such  duplicate  license  the  word  "Duplicate," 
together  with  the  names  of  the  original  licensee,  as  well  as  that 
of  the  transferee  to  whom  such  duplicate  is  granted,  and  in 
the  settlement  of  his  accounts  with  the  Comptroller  and  Treas- 
urer of  the  State  of  Maryland,  the  said  Clerk  of  the  Court  of 
Common  Pleas  shall  be  allowed  for  such  duplicate  license. 

1908,  ch.  197. 

690A.  In  addition  to  the  powers  conferred  by  section  690 
of  this  Article,  any  holder  of  a  license  to  sell  intoxicating 
liquors  at  retail,  by  the  drink  or  otherwise,  may  assign,  hypothe- 
cate or  pledge  said  license  to  any  person,  firm,  association  or 
corporation  as  security  for  the  repayment  of  any  debt  or  the 
performance  of  any  obligation  and  the  instrument  so  assigning, 
hypothecating  or  pledging  said  license  shall,  upon  the  applica- 
tion of  the  person,  firm,  association  or  corporation  to  whom  the 
same  shall  be  made,  be  recorded  by  said  Board  as  provided  in 
section  669  of  this  Article ;  and  whenever  it  shall  be  made  to 
appear  to  said  Board  upon  petition  duly  verified  by  affidavit 
that  default  has  occurred  in  any  of  the  conditions  set  forth 
in  said  instrument,  hypothecation  or  pledge,  and  the  licensee 
refuses  to  deliver  the  license  to  the  party  thereby  entitled  to 
same,  the  said  board  shall  have  power,  after  such  hearing  as  it 
may  deem  advisable,  to  revoke  the  original  license  and  issue  a 
duplicate  license  in  lieu  thereof,  and  upon  so  receiving  said 
duplicate  the  said  assignee  or  pledgee  shall  have  all  the  rights 
and  privileges  conferred  upon  holders  of  licenses  by  the  pro- 
visions of  this  Article ;  pro%dded,  however,  that  nothing  in  this 
section  contained  shall  prevent  any  licensee  who  shall  have 
assigned,  hypothecated  or  pledged  a  license  under  the  provisions 
of  this  section  from  prosecuting  the  business  for  which  said 
license  was  granted  until  the  same  shall  have  been  revoked  by 
said  Board  under  the  provisions  of  this  section ;  and  provided, 
further,  that  nothing  iir  this  Article  contained  shall  prevent 
the  issuing  of  duplicate  licenses  under  the  provisions  of  this 
section  to  any  person  or  corporation  whatsoever;  provided,  also, 
that  no  license  thus  assigned,  hypothecated  or  pledged,  nor  any 
duplicate  license  thus  issued,  shall  be  used  or  disposed  of  by 
any  transferee  or  assignee  except  for  re-hypothecation,  cancella- 
tion or  rodomption  without  complying  with  provisions  of  Arti- 
cle 000  of  this  Act. 


362 

1908.  ch.  197. 
690B.  Any  holder  of  a  license  to  sell  intoxicating  liquors  at 
retail,  by  the  drink  or  otherwise,  against  whom  no  indictment 
is  pending  for  the  violation  of  the  liquor  laws  during  the  year 
for  which  said  license  was  granted,  and  who  shall  not  have  been 
convicted  for  any  such  violation  of  said  liquor  laws  during  the 
said  year  for  which  the  said  license  was  issued,  who  shall 
cease  to  traffic  in  liquors  during  the  term  for  which  such 
license  was  issued,  and  who  shall  surrender  such  license  to  the 
Board  of  Liquor  J^icense  Commissioners,  and  who  shall  at  the 
same  time  file  with  the  said  Board  of  Liquor  License  Commis- 
sioners a  petition  in  such  general  form  as  the  Board  may  pre- 
scribe, duly  sworn  to  before  a  notary  public  or  justice  of  the 
peace,  asking  to  have  the  license  marked  "cancelled,"  shall  be 
entitled  to  have  the  amount  paid  for  such  license  refunded  pro 
rata  for  the  unexpired  portion  of  the  term  for  which  such 
license  was  granted,  less  ten  dollars,  provided  that  no  refund 
shall  be  allowed  or  paid  upon  the  surrender  of  such  license,  un- 
less the  same  shall  have  at  least  one  full  calendar  month  yet  to 
run.  And  upon  the  surrender  of  said  license  and  the  filing  of 
said  petition  the  said  Board  of  Liquor  License  Commissioners 
shall  thereupon  compute  the  amount  of  refund  then  due  on 
said  license  for  the  unexpired  term  thereof,  less  ten  dollars, 
and  shall  execute  duplicate  vouchers  therefor  showing  the  name 
of  the  person  to  whom  the  original  license  was  issued,  the  num- 
ber of  said  license,  the  date  when  issued,  the  amount  paid 
therefor,  and  the  date  when  surrendered  for  cancellation, 
together  with  the  amount  of  refund  due  thereon  at  such  date 
as  computed  by  them,  the  name  of  the  person  entitled  to  re- 
ceive the  refund  and  a  warrant  to  the  clerk  of  the  Court  of 
Common  Pleas  directing  him  to  pay  said  refund  as  set  forth  in 
said  vouchers,  to  the  person  so  entitled,  and  one  of  said 
vouchers  the  said  Board  shall  deliver  to  the  person  entitled 
thereto,  together  with  said  warrant  on  the  Clerk  of  said  Court 
of  Common  Pleas,  and  the  other  of  said  vouchers  it  shall  im- 
mediately transmit,  together  with  the  surrendered  license,  to 
the  said  Clerk  of  the  said  Court  of  Commori  Pleas,  and  the 
said  Clerk  of  the  said  Court  of  Common  Pleas  upon  the  pres- 
entation and  surrender  to  him  of  the  said  voucher  and  warrant 
given  to  the  said  petitioner,  shall  pay  to  him  or  his  personal 
representatives  or  assigns  the  amount  called  for  by  such  vouch- 
ers and  warrant,  out  of  such  funds  from  the  proceeds  of  liquor 
licenses  as  may  be  in  his  hands  as  clerk  of  said  court  at  the 
time,  or  if  insufficient  funds  are  in  his  hands  at  the  time  of 
presentation  of  such  warrant,  then  out  of  the  first  funds  from 


I 


363 

the  proceeds  of  liquor  licenses  that  come  into  his  hands,  and  in 
his  next  quarterly  statement  and  account'ing  to  the  State  of 
Maryland  he  shall  be  entitled  to  full  credit  for  the  amount 
thus  paid ;  such  warrants  to  be  paid  in  the  order  in  which  they 
are  issued. 

1804,  oil.  257.     1'.  L.  L.,   (1888)   Art.  4,  sec.  653PL. 

691.  Every  licensed  dealer  to  whom  the  Board  of  Police 
Commissioners  for  the  City  of  Baltimore  shall  issue  a  peraiit 
to  sell  intoxicating  liquors  at  places  of  entertainment,  as  auth- 
orized by  section  682  of  this  Article  shall  pay  the  said  Board 
of  Police  Commissioners  one  dollar  for  said  permit,  the  money 
so  paid  to  go  into  the  special  fund  of  said  Board. 

MOVING  PICTURE  MACHINE  OPERATORS. 

1910,  ch.  693. 

691a.  That  a  new  article,  to  be  known  as  "Moving  Picture 
Machine  Operators,''  and  to  be  numbered  as  Ai'ticle  .  .  .,  be 
and  the  same  is  hereby  added  to  the  Code  of  Public  Local  Laws, 
whose  provisions  shall  be  as  follows : 

1910,  ch.  693.     1912,  ch.  814. 

691b.  That  the  term  ''Moving  Picture  Machine  Operator," 
as  used  in  this  Act,  shall  be  defined  as  and  including  any  and 
all  persons  engaged  in  the  operation  of  moving  picture  ma- 
chines. A  license  of  moving  picture  machine  operator  issued 
in  accordance  with  the  provisions  of  this  Act  shall  entitle  any 
such  person  so  licensed  to  operate  any  moving  picture  machine. 

1910.  ch.  693.     1912,  ch.  814. 

691c.  That  the  Governor  shall  biennially  appoint  in  aiid 
for  Baltimore  City  three  persons:  one  from  the  Board  of  Fire 
Underwriters'  Association,  one  licensed  moving  picture  ma- 
chine operator,  one  master  electrician,  to  represent  the  Building 
In.spector's  Office  of  Baltimore  City;  all  of  whom  have  had 
not  less  than  three  years'  experience  at  the  business  and  who 
havf!  resided  in  Baltimore  City,  State  of  Maryland,  for  a  period 
of  not  l(!ss  than  two  years  next  preceding  their  appointment, 
who  .shall  be  known  as  the  Board  of  Examining  Moving  Picture 
Machine  Operators.  The  parties  so  appointed  shall  make  oath 
before  a  justice  of  the  peace  that  they  will  faithfully  perform 
the  duties  of  their  office,  and  shall  give  bond  in  the  sum  of 
five  hundred  dollars,  to  be  approved  by  the  Judge  of  the  Su- 
perior Court  of  Baltimore  City. 


3(54 


li»10.   ell.   U!>3.      11)12,   ch.  814. 


691d.  Tiial  all  persons  who,  at  the  time  of  the  euactmeni 
of  this  Act,  are  engaged  in  the  business  of  a  moving  picture 
machine  operator  in  the  City  of  Baltimore,  as  described  in 
section  2  of  this  Act,  shall  within  sixty  days  after  the  tirst 
day  of  May,  1910,  comply  with  all  the  provisions  of  this  Act, 
otherwise  they  shall  be  guilty  of  a  misdemeanor,  and  upon  con- 
viction, before  a  police  justice  or  in  the  Criminal  Court  of 
Baltimore  City,  be  fined  a  sum  not  less  than  live  dollars,  nor 
more  than  twenty-live  dollars,  for  each  day  or  fraction  thereof 
that  they  shall  pursue  the  business  of  moving  picture  machine 
operator  in  the  City  of  Baltimore ;  and  if  said  line  is  not  paid, 
shall  be  subject  to  imprisonment  for  thirty  days  or  both  at  the 
discretion  of  the  judge. 

1910,  ch.  693.     1912,  cb.  814. 

691e.  That  if  any  such  person  desires  to  engage  or  continue 
in  said  business  of  moving  picture  machine  operator,  after 
the  passage  of  this  Act,  he  shall  apply  to  the  Board  provided 
for  in  section  3  of  this  Act,  for  a  license  and  submit  to  an  ex- 
amination as  to  his  qualification  before  said  Board;  and,  if 
found  proficient  by  said  Board,  they  shall  issue  a  license,  other- 
wise they  shall  refuse  to  grant  a  license;  if  the  said  Board  shall 
find,  after  due  examination,  that  the  said  applicant  for  a  license 
possesses  a  reasonable  knowledge  of  the  moving  picture  machine 
operator  business  and  electricity,  as  pertains  to  the  operation 
and  management  of  moving  picture  machine,  then  the  said 
Board  shall,  upon  payment  of  the  fee  herein  provided  for, 
issue  to  said  applicant  a  license  for  a  term  of  not  more  than 
one  .year,  and  shall  keep  a  record  of  all  so  issued;  and  no 
person  shall  be  granted  a  license  who  has  not  reached  the  age 
of  21  years,  and  makes  oath  to  such  fact,  and  has  had  at  least 
one  year's  experience  under  a  licensed  operator  or  two  years' 
experience  in  operating  a  moving  picture  machine ;  provided 
that  each  applicant  for  the  license  shall  pay  to  the  said  Board  a 
license  fee  of  ten  dollars  ($10.00).  Said  license  to  be  good 
for  a  term  of  one  year,  and  at  the  expiration  of  said  term  a  re- 
newal shall  be  issued  by  said  Board  upon  the  payment  of  a 
fee  of  five  dollars  ($.5.00)  for  said  renewal.  Xo  person  granted 
a  license  under  the  provisions  of  this  Act  shall  operate  a  mov- 
ing picture  machine  after  the  expiration  of  said  license  or  after 
said  license  shall  have  been  suspended  or  revoked  as  herein 
provided,  unless  the  said  license  or  renewal  of  same  shall  have 
been  granted  as  herein  provided. 


11 


365 

1910,  eh.  693.     1912,  ch.  814. 

691f.  That  any  person  taking  a  false  oath  in  reference  to 
his  age  or  time  that  he  has  operated  under  a  licensed  operator, 
or  length  of  time  that  he  has  operated  a  moving  picture  ma- 
chine, shall  be  deemed  guilty  of  perjury,  and  upon  conviction 
in  the  Criminal  Court  of  Baltimore  City  be  fined  not  less  than 
ten  dollars  ($10.00)  nor  more  than  fifty  dollars  ($50.00).  Any 
person  failing  to  pass  an  examination  within  six  months  from 
the  date  of  last  examination.  The  Board  shall  have  jDowei- 
to  investigate  the  cause  of  any  fire  in  a  moving  picture  parlor 
or  theatre,  and  to  revoke  the  operator's  license  upon  satisfactory 
proof  that  the  fire  was  caused  by  the  operator's  negligence  or 
carelessness.  The  Board,  on  examining  any  applicant  here- 
under shall  give  him  a  thorough  test  as  to  his  practical  work, 
together  with  such  verbal  examination,  as  the  Board  may 
deem  necessary.  The  Board  shall  have  the  poAver  to  enter 
any  operating  room  for  the  purpose  of  inspection  at  any  time, 
and  shall  also  have  the  power  at  any  time  to  re-examine  any 
operator  upon  due  notice  to  him,  and  upon  sufficient  cause 
shown  suspend  or  entirely  re\-oke  a  license  theretofore  granted. 

19]  0.   ch.   693.     1912,  ch.  S14. 

691g.  That  any  manager  or  owner  of  a  moving  picture  par- 
lor or  theatre  who  employs  a  moving  picture  machine  operator, 
as  in  this  Act  defined,  without  said  operator  having  first  pro- 
cured a  license  from  said  Board  in  the  manner  herein  required, 
.shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
before  a  police  justice  or  in  the  Criminal  Court  of  Baltimore 
City  be  fined  not  less  than  five  dollars  ($5.00)  nor  more  than 
twenty-five  dollars  ($25.00)  for  each  and  every  offense. 

1910.    ell.    •;<»:•..      V.)]-2.   ell.   814. 

691h.  That  the  said  Board  shall  have  full  power  to  .suspend 
for  such  period  as  may  seem  proper  or  revoke  entirely  the 
license  of  any  moving  picture  machine  operator,  who  is  negli- 
gent or  operates  any  moving  picture  machine  in  a  dangerous  or 
improper  manner,  so  as  to  be  dangerous  to  the  safety  of  life  or 
property,  provided,  that  no  license  or  renewal  thereof  shall  be 
suspended  or  revoked  unless  an  opportunity  is  aftordod  the 
party  charged  to  he  incsciit  in  person,  or  by  counsel,  and  make 
any  defence  he  may  have;  no  license  or  renewal  of  same  shall 
be  assignable  or  tran.sferable,  and  all  renewals  shall  be  kept 
of  record  as  in  the  case  of  original  license. 


366 

I'.tiM.  <  h.  <:;.■;;. 
691i.  The  said  Jj(Xird  of  Examiners  shall  be  paid  a  per 
diem  of  five  dollars  ($5.00)  for  each  day  actually  in  session, 
and  shall  pay  the  expense  of  maintaining  their  office  out  of  the 
proceeds  derixcd  from  licenses  and  renewals,  including  office 
rent,  salary,  etc. ;  and  no  money  shall  be  paid  from  the  State 
Treasury  for  any  expense  of  this  Board;  any  surplus  which 
may  exist  at  the  end  of  the  term  of  the  said  Board  shall  be 
returned  to  the  Treasurer  of  the  State;  the  said  Board  shall 
meet  as  often  as  necessary  for  the  proper  transaction  of  its 
business,  and  shall  give  at  least  five  days'  notice  in  some  daily 
newspaper  published  in  Baltimore  City  of  the  time  and  place 
of  meeting  for  the  purpose  of  examining  applicants ;  said  Board 
shall  meet  once  in  each  month ;  and  all  licenses  and  renewals  of 
licenses  shall  expire  on  the  first  day  of  May  of  each  vear. 

PAWNBROKERS. 

1S8S,  ell.  304.  r.  L.  I...  (1S8S)  Art.  4,  sec.  6.55. 
692.  All  pawnbrokers  in  the  City  of  Baltimore  shall  keep 
or  caused  to  be  kept,  in  a  suitable  book  or  books  to  be  provided 
by  them  for  that  purpose,  an  accurate  account  showing  the  date 
of  each  deposit  made  with  them  in  the  course  of  their  business, 
and  of  each  purchase  made  by  them  in  the  course  of  their  busi- 
ness, of  any  and  all  personal  property,  so  described  as  to 
identify  the  said  personal  property  so  deposited  or  sold;  and 
showing  also  the  sum  of  money  advanced  thereon  or  paid  there- 
for, the  time  for  which  any  such  deposit  was  agreed  to  be  kept, 
and  the  name  of  the  depositor  or  seller  of  such  personal  prop- 
erty, and  his  place  of  business  or  abode ;  and  such  entries  shall 
be  made  by  such  pawnbrokers  immediately  upon  the  making 
of  any  such  transaction ;  such  book,  and  the  personal  properties 
so  deposited  or  purchased,  shall  be  subject  at  all  times  to  the 
inspection  of  such  agent  or  officer  as  may  be  designated  for  that 
purpose  by  the  Mayor  and  City  Coimcil  of  Baltimore,  and  also 
to  the  inspection  of  the  Marshal  of  Police  for  the  City  of  Balti- 
more, and  of  such  officer  as  he  may  designate  for  that  purpose ; 
and  all  pawnbrokers  who  shall  omit,  neglect  or  refuse  to  provide 
and  keep  such  book,  or  to  enter  therein  forthwith  as  aforesaid  an 
account  of  all  deposits  made  with  and  purchases  made  by  them, 
as  aforesaid,  with  all  the  particulars  thereof,  as  hereinbefore  re- 
quired, or  who  shall  enter  incorrectly  in  such  book  any  such 
account  of  deposits  made  with  them,  or  purchases  made  by 
them,  as  aforesaid,  or  who  shall  refuse  to  exhibit  any  of  such 
books  and  properties  so  deposited  or  purchased,  if  in  their  posr 


367 

session  or  iiuder  their  control  npon  demand  of  any  of  the  officers 
empowered  or  anthorized  as  aforesaid  to  make  such  inspection^ 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  subject  to  a  fine  of  not  less  than  twenty  dollars, 
or  an  imprisonment  of  not  less  than  thirty  days,  or  to  both  fine 
and  imprisonment  in  the  discretion  of  the  court. 

1880,  ch.  104.    P.  L.  L.,  (1888)  Art.  4,  sec.  656. 

693.  Before  any  person  or  body  corporate  shall  transact  the 
business  of  pawnbrokers  in  the  City  of  Baltimore,  he  or  it 
shall  first  obtain  from  the  Clerk  of  the  Court  of  Common  Pleas 
in  said  city,  a  State's  license  authorizing  him  or  it  to  carry  on 
such  business  in  the  said  city,  for  which  said  license  he  or  it 
shall  pay  the  sum  of  five  hundred  dollars,  and  in  addition  to 
this,  he  or  it  shall  file  with  said  clerk  a  bond  to  the  State  of 
Maryland,  in  the  sum  of  ten  thousand  dollars,  to  be  approved 
by  said  clerk,  for  the  faithful  performance  of  the  requirements 
of  this  sub-division  of  tliis  Article;  and  any  pawnbroker  who 
shall  violate  this  section  by  failure  to  file  such  bond,  or  to  ob- 
tain the  license  as  aforesaid,  though  continuing  to  transact  the 
business  of  a  pawnbroker,  shall  be  deemed  guilty  of  a  misde- 
meanor, and  shall,  on  conviction  thereof,  be  fined  the  sum  of 

.  five  hundred  dollars,  or  be  imprisoned  in  the  City  Jail  for  the 
term  of  six  months,  or  both,  in  the  discretion  of  the  court. 

:\rERCHAXDISE  BROKERS. 

l«l>l'.  <li.  ,-.(;i.     I'.  1,.  1...   (1SS8)   Art.  4.  sec.  6o7A.     P.  G.  L..   (1888)  Art. 

50,  sec.   IS. 

694.  .Vny  person  or  partnership  applying  for  the  same,  and 
paying  the  sum  of  eighteen  dollars  and  seventy-five  cents  for 
each  individual  or  representative  of  such  firm  or  partnership, 
may  obtain  a  license  for  carrying  on  the  business  of  grain 
broker,  coffee  broker,  cotton  broker,  sugar  broker,  or  merchan- 
dise broker. 

REAL  ESTATE   BROKERS. 

1X.S.S.  ch.  4!)"..     P.   L.  L..    0>^>i8)   Art.  4,  sec.  mS. 

695.  Any  person,  co-partnership  or  firm  applying  for  the 
same,  and  paying  tlic  sum  of  money  herein  provided,  may 
obtain  a  license  for  carrying  on  the  business  of  real  estate  broker 
in  the  City  of  Baltimore ;  provided,  that  the  names  of  each 
and  every  person  comprising  any  co-partnersliip  or  firm  apply- 
ing for  such  license  shall  be  inserted  in  said  license;  provided, 
that  the  sum  of  money  to  be  paid  tliorcfor  as  aforesaid  shall 
be  twentv-five  dollars  for  the  first  two  names  inserted  in  said 


368 

license,  and  twenty-live  dollars  additional  for  each  and  every 
name  above  two  inserted  therein. 

Coates  V.  Locust  Point  Co.,  102  Md.  291. 

In  regard  to  the  construction  of  sections  695  to  700,  inclusive,  of  tiie 
Charter,  see,  Wallcer  v.  Baldwin  and  Frick  et  al.,  103  Md.  352,  in  vvliich 
the  Court  of  Appeals  upheld  the  validity  of  a  contract  for  commissions 
made  by  an  unlicensed  real  estate  broker  on  the  ground  that  the  license 
required  to  be  obtained  under  the  provisions  of  the  Charter  is  a  revenue 
measure,  and  failure  to  obtain  same  does  not  invalidate  the  conti-act  but 
exposes  such  unlicensed  broker  to  the  penalty  provided  by  the  Act.  This 
affirms  decision  in  re  Coates  v.  Locust  Point  Company,  decided  at  the 
January  1906  term  of  the  Court  of  Appeals,  102  Md.  291. 

Real  Estate  Brokers. — For  decisions  in  relation  to  powers  of  such 
agents  to  act  for  principal  in  certain  cases,  see,  Newcomer  v.  Brooks, 
Daily  Record,  October  24,  1901.  Becker  v.  Matthai,  Daily  Record,  Jan- 
uary 3,  1902.  Crenshaw  v.  Baltimore  Chrome  Works,  Daily  Record, 
August  31,  1903. 

The  Proceeds  of  Property  in  excess  of  specific  selling  price  authorized, 
belong  to  the  owner  of  the  property  and  not  to  the  broker,  notwith- 
standing usage  to  the  contrary.- — Newcomer  v.  Brooks,  supra. 

1888,  ch.  495.     P.  L.  L.,  (1888)  Art.  4,  sec.  (>59. 

696.  Any  person,  co-partnership  or  firm  who  shall  carry 
on  the  business  of  real  estate  broker,  or  shall  undertake  to  act 
as  such  real  estate  broker  by  public  advertisement,  sign  or  other- 
wise, without  such  license  first  obtained,  or  who  shall  use  or 
attempt  to  use  the  license  of  another  with  intent  to  evade  the 
provisions  of  sections  695  to  699  of  this  Article,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  on  conviction  thereof,  shall  be 
subject  to  and  pay  a  fine  or  penalty  of  not  less  than  two  hun- 
dred dollars  nor  more  than  five  hundred  dollars  for  each  offence ; 
one-half  thereof  for  the  use  of  the  State,  and  the  other  half 
thereof  to  the  person  or  corporation  that  shall  first  prefer  be- 
fore the  Grand  Jury  the  charge  against  such  offender ;  and  any 
person,  co-partnership  or  firm  who  shall  directly  or  indirectly 
act  as  a  real  estate  broker,  or  shall  undertake  the  buying  or 
selling  of  ground  rents  or  other  real  estate,  or  of  chattels  real, 
or  the  leasing  of  real  estate  or  chattels  real,  or  the  negotiation 
or  sale  of  mortgage  loans  on  real  estate  or  chattels  real,  or  the 
collection  of  rents  for  others,  with  a  view  to  reward  or  com- 
pensation for  such  undertaking,  shall  be  deemed  to  be  carry- 
ing on  the  business  of  real  estate  broker  within  the  meaning  of 
said  sections,  and  be  subject  to  the  fines  or  penalties  herein 
prescribed. 

Coates  v.  Locust  Point  Co.,  102  Md.  291.  Walker  v.  Baldwin  &  Frick, 
]03  Md.  352. 


11 


369 

18SS,  oh.  49.1.     1'.  L.  L.,   (ISSS)  Art.  4,  see.  6t)0. 

697.  If  any  person  who  has  obtained  such  license  shall  die 
or  shall  move  from  and  cease  to  use  and  exercise  the  business 
of  real  estate  broker  in  the  City  of  Baltimore,  before  the  expira- 
tion of  the  term  in  said  license  specified,  the  benefit  of  said 
license  for  the  imexpired  term  shall  issue  to  and  be  continued 
in  his  legal  representative  or  assignee,  upon  application  to  the 
proper  clerk  for  that  purpose,  accompanied  by  the  oath  by  the 
party  applying,  made  before  a  judge  of  a  court  of  record  and 
endorsed  on  said  license,  that  the  person  to  whom  said  license 
was  originally  granted  is  deceased,  or  has  removed  from  and 
ceased  to  use  or  exercise  the  said  business  in  the  said  city. 

1888,  ch.  495.     P.  L.  L.,   (1888)  Art.  4,  sec.  661. 

698.  Upon  said  application  and  affidavit  the  clerk  shall,  by 
his  endorsement  on  said  license,  authorize  such  legal  represen- 
tative or  assignee  to  use  or  exercise  the  business  of  such  real 
estate  broker  in  said  city  for  the  unexpired  term  in  said  license 
named. 

1888,  ch.  495.     P.  L.  L..  (1888)  Art.  4,  sec.  662. 

699.  Xo  person,  co-partnership,  association  or  firm,  legal 
representative  or  assignee,  shall  use  or  occupy  at  the  same 
time  more  than  one  office  or  place  of  business  for  the  transac- 
tion of  his  or  their  business  as  such  real  estate  broker,  in  said 
city,  unless  a  separate  license  be  procured  for  each  and  every 
such  office  or  place  of  business,  or  for  each  and  every  branch 
office  where  the  business  of  said  person,  co-partnership,  associa- 
tion or  firm  as  such  real  estate  broker  in  said  citv  is  carried  on 
or  located ;  and  any  person  who  shall  violate  the  provisions  of 
this  section  shall  be  deemed  guilty  of  a  misdemeanor,  and  on 
conviction  thereof,  shall  be  subject  to  the  same  fine  and  penal- 
ties as  are  imposed  by  the  provisions  of  section  696  of  this 
Article ;  but  nothing  herein  shall  be  so  construed  as  to  prevent 
any  such  person,  co-partnership,  association  or  firm,  legal  rep- 
resentative or  assignee,  from  holding  at  the  same  time  with  the 
license  as  real  estate  broker  in  said  city,  provided  for  by  section 
695  of  this  Article,  a  license  or  licenses  for  any  other  kinds 
of  brokerage  business  permitted  by  the  laws  of  this  State  upon 
paying  to  the  clerk  the  several  sums  by  law  prescribed  for  such 
license   or  lir-onses. 

188S,  cli.  495.     p.  r..  I>.,   (1888)   Art.  4,  sec.  663. 

700.  The  five  preceding  sections  shall  not  apply  to  transac- 
tions of  attorneys  at  law  with  their  clients;  but  their  provisioas 


370 

shall  nevertheless  apply  to  all  other  persons  who  make  a  busi- 
ness of  brokerage  or  agency  for  others  in  transactions  in  real 
estate,  mortgage  or  chattels  real,  by  solicitation,  advertise- 
ment, sign  or  otherwise,  with  a  view  to  reward  or  compensation 
for  such  business,  whether  the  same  be  conducted  under  the 
name  of  agent,  property  agent,  broker,  negotiator,  financier, 
dealer  or  any  other  name  so  as  to  evade  the  provisions  of  said 
sections. 

STEVEDORES. 

1898,  cL.  505.     1'.   L.  L.,    (18S8)    Art.  4,   sec.  008A. 

700a.  Before  any  person  or  body  corporate  shall  transact 
the  business  of  a  master  stevedore  in  the  City  of  Baltimore, 
he  or  it  shall  first  obtain  from  the  Clerk  of  the  Court  of  Com- 
mon Pleas  in  said  city  a  State's  license,  authorizing  him  or 
it  to  carry  on  said  business  in  the  said  city,  for  w^hich  said 
license  he  or  it  shall  pay  the  simi  of  twenty-five  dollars,  and 
any  stevedore  who  shall  violate  this  section  by  failure  to  obtain 
the  license  as  aforesaid,  though  continuing  to  transact  the  busi- 
ness of  a  stevedore,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  shall,  on  conviction  thereof  in  the  Criminal  Court  of  Bal- 
timore City,  be  fined  the  sum  of  one  hundred  dollars,  or  be 
imprisoned  in  the  City  Jail  for  the  term  not  exceeding  six 
months,  or  both,  in  the  discretion  of  the  court. 

Stoenken  v.  State,  88  Md.  708. 

The  Act  1898,  eh.  505.  was  construed  by  the  Court  in  re  Steenkeii  v. 
State,  88  Md.  708.  and  the  provisions  relating  to  the  bond  required 
under  the  terms  of  said  Act  wei'e  dech\red  unconstitutional  and  void, 
but  the  validity  of  the  remaining  provisions  of  the  Act  upheld.  The 
act  as  embodied  in  section  70(Ja  has  been  moditied  to  (.onform  to  the 
decision  of  the  Court. 

DUTY  OF  SHEIIIFF  AND  CLERK  OF  COURT. 

1866,  eh.  151.  1888,  ch.  372.  P.  L.  L.,  (1888)  Art.  4,  sec.  669. 
701.  It  shall  be  the  duty  of  the  Sherift'  of  Baltimore  City 
annually,  in  the  month  of  April,  to  make  or  cause  to  be  made 
an  alphabetical  list  of  the  names  of  all  persons  or  bodies  cor- 
porate or  politic  in  each  ward  of  the  City  of  Baltimore  who 
shall  be  exercising,  pursuing  any  business,  or  be  doing  any 
act  or  thing,  or  shall  be  in  the  use  or  occupation  of  any  house 
or  place  for  any  purpose  for  which  a  license  is  made  necessary 
by  this  sub-division  of  this  Article,  and  to  return  such  list  to 
the  Grand  Jury  of  said  city  at  as  early  a  period  as  practicable 
after  the  first  day  of  May  then  next  ensuing:  and  the  said 
Sheriff  shall,  withiii  the  first  week  of  the  month  of  April.  c:nv[^f 


371 

a  notice  to  be  inserted  in  the  daily  papers  of  the  city,  cautioning 
all  persons  and  bodies  corporate  or  politic  whom  it  may  con- 
cern, to  obtain  a  license,  or  renew  the  same,  on  or  before  the 
first  day  of  May  then  next  ensuing;  and  said  Sheriff  shall  be 
entitled  to  receive  fifty  cents  for  everv  license  obtained  bv  any 
person  whose  name  shall  be  contained  in  the  list  so  returned 
by  him,  to  be  paid  by  the  party  applying  for  each  license;  but 
the  failure  of  said  Sheriff*  to  give  the  notice  herein  directed 
shall  not  excuse  any  neglect  to  obtain  a  license  as  required  by 
the  Public  General  Laws. 

3S0-1.  eh.   na.      r.   L.  L..    (ISSS)    Art.  4.  sw.  069A. 

702.  There  shall  be  entered  in  writing  by  the  Clerk  of  the 
Court  of  Common  Pleas  upon  the  face  of  all  licenses  obtained 
by  individuals,  firms  or  corporations  to  conduct  business  as 
trades  in  the  City  of  Baltimore,  the  name  of  the  street  and 
number  of  the  house  or  building,  or  if  there  be  no  number,  a 
full  desigTiation  of  the  location  of  said  house  or  building  for 
which  a  license  is  applied  for;  and  each  license  shall  only  auth- 
orize the  transaction  of  business  in  one  house  or  building,  unless 
the  individual,  firm  or  corporation  shall  occupy  more  than  one 
adjoining  houses  or  buildings,  and  said  houses  or  buildings  have 
open,  direct,  internal  communication  with  each  other;  in  that 
case  one  license  will  cover  transactions  in  said  adjoining  houses 
or  buildings  so  arranged  and  occupied;  provided,  always,  that 
any  firm,  individual  or  corporation  may  obtain  any  number 
of  licenses  to  conduct  business  in  any  number  of  separate  place'^ 
of  business  in  said  city,  upon  paying  for  each  license  a  sum 
graded  according  to  the  amount  of  stock  or  merchandise  gen- 
erally kept  on  hand  or  proposed  to  be  kept  on  hand  at  the  prin- 
cipal season  of  sale  in  said  respective  places  of  business,  accord- 
ing to  the  Code  of  Public  General  Laws,  Article  56,  sections 
40  to  52,  or  snr'h  amendments  as  may  hereafter  be  added  thereto. 

Kohr  V.  Gray,  80  Md.  274. 

MARINERS   AND   CHARITABLE   MARINE    SOCIETY 

OF  BALTIMORE. 

p.  L.  L.,   (1860)   Art.  4,  sec.  iX\0.     P.  L.  L.,   (1888)  Art.  4,  sec.  670. 

703.  Whenever  a  mariner  residing  in  or  sailing  to  or  from 
the  jK)rt  of  Baltimore  shall  depart  this  life  intestate,  and  leav- 
ing no  relations  within  the  fifth  degree,  to  be  reckoned  by  count- 
ing down  fi-om  the  common  ancestor  to  the  more  remote,  the 
whole  surplus  estate  of  such  mariner,  after  paying  debts, 
funeral  expenses  and  cost  of  administration,  shall  devolve  on 


372 

aud  become  the  propertv  of  the  Charitable  Marine  Society  of 
Baltimore. 

MARKETS. 

p.  I..  I..,    (18G0)   Art.  4,  sec.  631.     P.  L.  L.,    (1888)   Art  4,  sec  672. 

704.  If  any  person  shall  buy,  or  cause  to  be  bought,  any 
kind  of  vegetables,  dead  meat,  poultry,  butter,  cheese,  tallow, 
eggs  or  hsh,  in  any  of  the  markets  of  said  city,  or  within  ten 
miles  thereof,  with  an  intent  to  sell  the  same  again  in  such 
markets,  or  city,  or  within  two  miles  thereof,  he  shall  for  the 
tirst  offence  forfeit  the  article,  or  the  value  thereof;  for  the 
second  offence,  he  shall  forfeit  the  article  and  be  fined  four 
dollars,  and  for  every  other  offence  forfeit  fifteen  dollars,  to  be 
recovered  in  a  summary  way  before  a  Justice  of  the  Peace : 
provided,  that  the  purchasing  of  pork,  beef  and  hsh,  by  the  bar- 
rel or  other  package,  butter  in  firkins,  or  other  packages  not  less 
than  fifty  pounds,  bacon  or  cheese  by  the  quantity,  by  any  mer- 
chant or  shop  keeper,  and  selling  the  same  again  in  his  store 
or  shop,  shall  not  be  deemed  or  taken  as  an  offence  against 
this  section. 

/S'ee,  Pfelieriug  v.  Baltimore  City,  88  Md.  475,  in  relation  to  tlie  powers 
of  the  city  to  rej^uhite  aud  control  markets. 

P.  L.  I..,   (1860)   Art.  4,  sec.  6.33.     P.  L.  L.,   (1888)  Art.  4,  sec.  673. 

705.  ^Mienever  any  person  shall  be  found  exposing  for  sale 
any  of  the  articles  enumerated  in  the  preceding  section,  other- 
wise than  in  his  store  or  shop,  and  there  shall  be  good  cause  to 
suspect  they  have  been  purchased  contrary  to  the  provisions 
of  the  preceding  section,   it  shall  be  lawful  for   any  person 

,to  apply  to  a  Justice  of  the  Peace  for  a  warrant  to  apprehend 
the  person  so  suspected,  and  the  Justice  shall  have  power  to 
inquire  into  the  offence;  and  if  the  person  suspected  be  con- 
victed thereof,  or  if  he  cannot  make  it  appear  to  the  satisfaction 
of  the  Justice  that  he  raised  or  made  the  articles  offered  by  him 
for  sale,  or  is  disposing  of  them  on  account  of  the  person  who 
raised  or  made  them,  or  that  he  bought  the  same  ten  miles  or 
npwards  from  the  City  of  Baltimore,  he  shall  be  deemed  to  }>e 
an  off'ender  against  the  provisions  of  the  preceding  section,  and 
the  fines  and  forfeitures  shall  be  recovered  in  a  summary  way 
before  the  said  Justice. 

7'.  L.  L..    (ISfiO)    Art.  A.  sec.  034.     1'.  L.  I..,    (1888)   Art.  4.  sec.  674. 

706.  All  butter  sold  by  the  pound  in  the  said  markets  shall 
weigh  sixteen  ounces  avoirdupois  weight;  and  any  person 
bringing  butter  to  the  said  markets  and  offering  the  same  for 


.1  >-  •-) 


sale,  of  less  Aveigiit  than  sixteen  onnees  avoirdnpois,  shall  for- 
feit the  same,  and  it  shall  he  seized  and  taken  hy  the  clerk 
of  the  market  and  sold  for  the  nse  of  the  city. 

P.  L.  L.,   (1860)   Art.  4,  sec.  t)3«.     P.  L.  L.,   (ISSS)  Art.  4,  sec.  070. 

707.  J^To  charge,  tax  or  fees  shall  be  set,  rated  or  levied 
upon  any  person  or  the  property  of  any  person  who  shall  attend 
any  of  the  markets  of  said  city  with  any  articles  or  produce 
from  the  country,  to  vend  in  said  markets,  of  his  own  growth, 
produce  or  manufacture,  or  as  the  agent  of  the  grower,  producer 
or  manufacturer  of  the  same,  unless  such  person  shall  occupy 
some  place  or  stand  in  some  of  said  market-houses;  provided 
such  person  or  agent  be  not  a  resident  of  said  city. 

1\  L.  L.,   (I860)   Art.  4,  sec.  637.     P.  L.  L.,   (1888)   Art.  4,  sec.  077. 

708.  If  any  clerk  of  the  market,  or  any  other  person  or 
otHcer  appointed  by  or  under  the  provisions  of  this  Article,  shall 
demand,  receive  or  collect  any  tax  or  other  charges  from  any 
person  attending  the  markets  of  said  city  as  provided  in  the 
preceding  section,  who  shall  be  standing  in  the  open  streets,  and 
who  does  not  occupy  any  place  or  stand  in  the  market,  he  shall 
be  liable  to  a  fine  of  twenty  dollars  for  each  offence,  to  be  re- 
covered before  any  Justice  of  the  Peace  as  small  debts,  one- 
half  to  the  informer  and  the  other  half  to  the  State. 

P.  L.  L.,   (1800)   Art.  4,  sec.  040.     P.  L.  L.,   (1888)   Art.  4,  sec.  680 

709.  The  city  may  agree  with  the  owners  of  any  land  or 
other  property  which  it  may  deem  expedient  to  purchase  and 
hold,  for  the  purpose  of  extending  any  market ;  and  if  they 
cannot  agree,  or  if  there  be  any  incapacity  in  the  owners  to 
contract  in  relation  thereto,  or  if  such  owners  be  unknown  or 
out  of  the  State,  any  Justice  of  the  Peace  for  said  city,  on 
application  of  the  Mayor  and  City  Council  of  Baltimore,  may 
issue  his  warrant  to  the  Sheriff  of  said  city,  commanding  him 
to  summon  from  the  said  city  a  jury  of  twenty  freeholders,  in- 
habitants of  said  city,  not  related  to  the  owners  or  persons  in- 
terested in  the  real  estate  or  other  property,  to  meet  on  the 
premises  on  some  certain  day  to  be  named  in  said  warrant,  of 
which  said  warrant  and  the  day  therein  named  for  the  meeting 
of  the  jury,  five  days'  notice  shall  be  given  previous  to  sucli 
day  by  the  Mayor  and  City  Council  of  Baltimore,  to  every 
owner  or  person  interested,  and  left  at  his  place  of  al)ode. 

p.  ]..  L..   (1860)   Alt.  4.  sec.  641.     P.  L.  L.,   (1888)  Art.  4,  sec.  081. 

710.  If  any  infant  or  lunatic  or  feme  covert  be  the  ownci- 
ill  whole  or  in  part  of  the  property  subject  to  be  condeniiicd. 


374 

the  notice  shall  be  given  to  his  or  her  guardian,  trustee,  com- 
mittee or  husband,  as  directed  in  the  preceding  section. 

P.  L.  L.,    (1860)   Art.  4.  sec.  &42.     P.  L.  L.,   (1888)  Art  4,  sec.  682. 

711.  If  such  owner,  guardian,  trustee,  committee  or  hus- 
band resides  out  of  the  State,  or  is  unknown,  such  notice  shall 
be  published  not  less  than  eight  weeks,  successively,  in  some 
one  or  more  of  the  daily  newspapers  of  said  city. 

V.  L.  L.,   (3860)   Art.  4,  sec.  643.     P.  L.  L.,   (1888)   Art.  4,  sec.  683. 

712.  The  owner  of  such  property,  or  the  guardian,  trus- 
tee, committee  or  husband  of  the  owner  may,  from  the  list  of 
jurors  returned  by  the  Sheriff,  strike  four,  and  the  Mayor  and 
City  Council  of  Baltimore,  four,  so  that  the  number  of  jurors 
may  be  reduced  to  twelve ;  and  if  either  party  neglect  or  fail  to 
strike  off  the  names  of  jurors,  the  Sheriff'  or  his  deputy  shall 
strike  for  the  party  so  failing  or  refusing. 

P.  I>.  L.,   (1860)  Art.  4,  sec.  644.     P.  L.  L.,   (1888)  Art.  4,  sec.  684. 

713.  The  Sheriff  or  his  deputy  shall,  before  the  said  jury 
proceed  to  act,  administer  to  each  of  the  jurors  an  oath,  justly 
and  impartially  to  value  the  damages  which  the  o^vners  or  par- 
ties holding  an  interest  in  the  property  to  be  condemned  will 
sustain  by  the  use  and  occupation  thereof  by  the  Mayor  and 
City  Council  of  Baltimore. 

P.  L.  L.,   (1860)  Ai-t.  4,  sec.  645.     P.  L.  L.,   (1888)   Ait,  4,  sec.  685. 

714.  The  jur}^  so  qualified  shall  inquire  into,  assess  and 
ascertain  the  sum  of  money  to  be  paid  by  the  Mayor  and  City 
Council  of  Baltimore,  for  the  land  or  other  property  to  be  con- 
demned, having  regard  to  all  the  circumstances  of  damage  or 
benefit  to  result  to  such  owner  or  party  interested  therein. 

P.  L.  L.,    (1860)  Art.  4,  sec.  646.     P.  L.  L.,   (1888)  Art.  4,  sec.  686. 

715.  The  jury  shall  reduce  their  inquisition  to  writing,  and 
shall  sign  and  seal  the  same,  and  it  shall  then  be  returned  by 
the  Sheriff  to  the  Clerk  of  the  Superior  Court  of  said  city,  and 
be  bv  such  clerk  filed  in  his  office,  and  shall  be  confirmed  bv 
said  court  at  its  next,  session  if  no  sufficient  cause  to  the  con- 
trary be  shown,  and  when  confirmed  shall  be  recorded  by  the 
said  clerk  at  the  expense  of  the  Mayor  and  City  Council  of 
Baltimore. 


375 

p.  L.  ],..   (18t>0)   Art.  4,  see.  G47.     P.  L.  L.,   U^SS)   Art,  4,  sec.  687. 

716.  If  said  inquisition  be  set  aside  by  the  said  court,  the 
court  shall  direct  another  inquisition  to  be  taken  in  the  manner 
hereinafter  directed. 

P.  L.  L.,   (1860)   Art.  4,  see.  648.     P.  L.  L.,   (1888)   Art.  4,  sec.  688. 

717.  Every  such  inquisition  shall  describe  the  property 
taken  or  the  bounds  of  the  land  condemned,  and  the  quantity 
or  duration  of  the  interest  in  the  same  valued  to  the  Mayor 
and  City  Council  of  Baltimore;  and  such  valuation,  when  paid 
or  tendered  to  the  owner  of  said  property  or  his  legal  represen- 
tatives, shall  entitle  the  Mayor  and  City  Council  of  Baltimore 
to  the  full,  legal  and  equitable  title,  interest  and  estate  of  the 
owners  of  said  property,  estate  and  interest  in  the  same  thus 
valued,  as  fully  as  it  had  been  held  by  the  owners  of  the  same ; 
and  the  valuation,  if  not  received  when  tendered,  may  at  any 
time  thereafter  be  received  without  interest  by  the  said  owners, 
or  their  legal  representatives. 

P.  L.  L.,   (1860)   Art.  4,  sec.  649.     P.  L.  L..   (1888)   Art.  4,  sec.  689. 

718.  If  the  twenty  jurors  sununoued  as  hereinbefore  di- 
rected shall  not  appear  at  the  time  and  place  mentioned,  the 
Sheriff  or  his  deputy  shall  forthwith  summon  other  freeholders 
of  the  city,  qualified  as  before  directed  to  make  up  the  said 
jury  to  the  number  of  twelve. 

p.  I..  L.,    (1888)   Art.  4.  sec.  650.     P.  L.  L..   (1888)   Art.  4,  sec.  690. 

719.  The  jurors  summoned  and  attending  shall  be  allowed 
one  dollar  per  day  for  their  services ;  the  Sheriff'  shall  be  allowed 
the  same  fees  as  for  summoning  jurors  to  the  Superior  C(nirt, 
and  two  dollars  a  day  for  each  day  he  or  his  deputy  shall  attend 
upon  such  inquisition;  and  such  expenses  shall  be  paid  by  the 
Mayor  and  City  Council  of  Baltimore,  except  in  cases  of 
objection  to  the  confirmation  of  the  inquisition,  when  the  costs 
in  said  court,  may  be  awarded  in  the  discretion  of  the  court. 

MOKTGAGES. 

1833,  eh.  181.     18.H6,  ch.  249.     P.  L.  L.,   (1860)   Art.  4,  sec.  782. 
P.  L.  !>.,   (1888)  Art.  4,  sec.  692.     1890,  ch.  197. 

720.  In  all  cases  of  conveyances  of  lands  or  hereditaments 
or  of  chattels  real,  or  goods  and  chattels  personal,  situate  in  the 
said  city,  wherein  the  mortgagor  shall  declare  liis  assent  to  tlie 
passing  of  a  decree  for  the  sale  of  the  same,  it  shall  be  lawful 
for  the  mortgagee  or  his  assigns  at  any  time  after  filing  the 


376 

same  to  be  recorded,  to  submit  to  either  of  the  Circuit  Courts 
of  Baltimore  City  the  said  conveyances  or  copies  thereof,  under 
seal  of  the  Superior  Court;  and  the  Circuit  Court  to  which 
the  same  is  so  submitted,  may  thereupon  forthwith  decree  that 
the  mortgaged  premises  shall  be  sold  at  any  one  of  the  periods 
limited  in  said  conveyances  for  the  forfeiture  of  said  mortgages 
or  limited  for  a  default  of  the  mortgagors,  and  on  such  terms 
of  sale  as  to  the  said  court  may  seem  proper,  and  shall  appoint 
by  said  decree  a  trustee  or  trustees  for  making  such  sale,  and 
shall  require  bond  and  security  for  the  performance  of  the 
trust  as  is  usual  in  cases  of  sales  of  mortgaged  premises. 

Eiclielberger  v.  Harrison,  3  Md.  Ch.  39.  Cronise  v.  Clark,  4  Md.  Ch. 
403.  Williams  v.  Williams,  7  Gill  302.  Ing  v.  Cromwell,  4  Md.  31. 
Gatchell  v.  Presstman,  5  Md.  161.  Kanffman  v.  Walker,  9  Md.  229. 
Robertson  v.  Amer.  Homestead  Association,  10  Md.  397.  Kenly  v.  Wier- 
man,  18  Md.  302.  Black  v.  Carroll,  24  Md.  252.  Franz  v.  Teutonia  Bldg. 
Ass'n,  24  Md.  269.  Brooks  v.  Hayes,  24  Md.  518.  Seebold  v.  Lockner, 
30  Md.  133.  Tome  v.  Merchants  and  Mechanics  Bldg.  Ass'n,  34  Md.  12. 
Heuisler  v.  Nikum,  38  Md.  270.  Shaefer  v.  Amicable  P.  L,  &  L.  Co.,  47 
Md.  126.  Kerchner  v.  Kemptou,  47  Md.  568.  Gustave  Adolph  Bldg. 
Ass'n  V.  Kratz,  55  Md.  394.  Abrahams  v.  Tappe,  60  Md.  317.  Trayhern 
V.  Colburn,  66  Md.  280.  Bernstein  v.  Hobelman,  70  Md.  29.  Chilton  v. 
Brooks,  71  Md.  445.  Roberts  v.  Loyola  Bldg.  Ass'n  74  Md.  1.  Haskie 
V.  James,  75  Md.  568.  Hughes  v.  Riggs,  84  Md.  505.  Connaughtou  v. 
Bernard,  84  Md.  589.     Knapp  v.  Anderson,  89  Md.  189. 

Mortgages;  Powers  of  Circuit  Court  Xo.  2.  Circuit  Court  No.  2  of 
Baltimore  City  has  power  to  pass  an  ex  parte  decree  authorized  by  a 
mortgage  executed  prior  to  the  establishment  of  said  court.  Miller  v. 
Gunkle,  Daily  Record,  April  2,  1892. 

Powers  of  Sale  and  Assent  to  Decree.  The  power  of  sale  and  assent 
to  the  passage  of  a  decree  contained  in  a  mortgage,  is  a  power  coupled 
with  an  interest.     Easter  v.  Easter.  Daily  Record,  January  23,  1897. 

1833,  ch.  181.  1880.  ch.  216.  P.  L.  T...  (1888)  Art.  4,  sec.  693. 
721.  The  trustee  or  trustees  so  appointed,  after  having  given 
bond  with  security,  may,  after  the  arrival  of  the  period  limited 
by  the  decree  for  a  sale,  sell,  agreeably  to  the  terms  of  said 
decree,  the  mortgaged  property  or  any  part  thereof ;  the  mort- 
gagees, their  executors,  administrators  or  assigns,  if  the  mort- 
gage claim  shall  have  been  assigned  before  such  sale,  or  their 
duly  constituted  agent  or  attorney,  after  the  arrival  of  the 
period  aforesaid,  verifying  by  their  oath  a  statement  of  the 
amount  of  said  mortgage  claim  remaining  due,  before  the 
Judge  of  said  court  or  before  any  Justice  of  the  Peace  of  this 
State,  the  official  character  of  any  Justice  of  the  Peace  for  any 
county  being  certified  under  his  official  seal  by  the  Clerk  of  the 
Circuit  Court  for  the  county  where  the  affidavit  is  made,  where 
the  affidavit  is  made  outside  of  the  Citv  of  Baltimore,  or  before 


37Y 

auY  person  outside  of  this  State  authorized  to  take  ackuowledg- 
ments  of  deeds ;  and  such  statement  shall  be  filed  in  said  court. 

Hays  V.  Doisey,  5  Md.  99.  Ziegler  v.  King,  9  Md.  330.  White  v. 
Malcolm,  If.  Md.  529.  Brooks  v.  Hayes,  24  Md.  507.  Md.  Perm.  Bldg. 
Society  v.  Smith,  41  Md.  516.  Hughes  v.  Riggs,  S4  Md.  ,505.  McCause- 
land  V.  Humane,  etc.  Society,  95  Md.  744, 

P.  L.  L.,   (1860)  Art.  4,  sec.  784.     P.  L.  L.,   (1888)   Art.  4,  sec.  694. 

722.  Such  sales  and  the  conveyances  thereupon  shall  have 

the  same  effect,  if  finally  ratified  by  said  court,  as  if  the  same 

had  been  made  under  decrees  between  the  proper  parties  in 

relation  to  the  mortgages,  and  in  the  usual  course  of  said  court. 

Gatchell  v.  Presstman,  5  Md.  161.  McDowell  v.  Goldsmith,  6  Md.  319. 
Monimiental  B.  Ass'h  No.  2,  v.  Herman,  33  Md.  128.  Morrill  v.  Gelston's 
Lessee,  34  Md.  413.  Carroll  v.  Kerschuer,  47  Md.  262.  Rau  v.  Robert- 
son, 58  Md.  .506.  White  v.  McClellan,  62  Md.  347.  Albert  v.  Hamilton, 
76  Md.  304. 

P.   L.  L..    (1860)   Art.  4,  .sec.  785.     I*.  L.  L.,    (1888)   Art.  4,  sec.  695. 

723.  The  trustee  or  trustees  shall  report  the  sales  to  tlie 
court  for  its  consideration  and  ratification  or  rejection;  and 
such  orders  shall  pass  therein  touching  such  ratification  as  are 
usual  on  sales  of  mortgaged  property  in  said  court. 

Hardy  v.  Smith,  41  Md.  1.  Haskie  v.  James,  75  Md.  568.  Albert  v. 
Hamilton,  76  Md.  309. 

P.  L.  L.,    (1860)  Art.  4,  sec.  786.     P.  L.  L.,   (1888)   Art.  4,  sec.  696. 

724.  Any  allegations  may  be  made,  and  proof  under  the 
orders  of  the  said  court  exhibited,  and  a  trial  of  the  allegations 
had  as  the  court  shall  prescribe,  to  show  that  the  sales  ought  not 
to  have  been  made. 

Robertson  v.  Homestead  Bldg.  Ass'n,  10  Md.  407.  Black  v.  Carroll, 
24  Md.  251.  Heuisler  v.  Nickum,  38  Md.  273.  Equitable  M.  li.  I.  Ass'n 
V.  Becker,  45  Md.  632.  Bernstein  v.  Hobelman,  70  Md.  29.  Roberts  v. 
l.oyola  P.  B.  A.,  74  Md.  1.  Haskie  v.  James,  75  Md.  568.  Albert  v. 
Hamilton,  76  Md.  304.    Richardson  v.  Owens,  86  Md.  664. 

The  cases  cited  under  section  724,  mainly  relate  to  proceedings  insti- 
tuted to  set  aside  sales  under  this  sub-division  of  this  Article. 

1'.  L.  ]...   (isco)   AH.  4,  sec.  7s7.     P.  T..  I...    (1888)   Art.  4,  .sec.  697. 

725.  The  said  court,  upon  being  satisfied  of  the  truth  of 
said  allegations,  shall  reject  and  set  aside  the  sale,  and  in  such 
case  no  part  of  the  costs  or  expenses  or  trustee's  commission, 
if  any  .such  commission  be  claimable,  in  relation  to  the  said 
sales,  shall  be  chargeable  upon  said  property,  or  the  mortgagors, 
their  heirs,  executors,  administrators  or  assigns,  but  shall  be 


378 

wholly   chargeable   against   the  persons   at  whose  instance  or 

for  whose  benefit  the  said  sales  shall  have  been  proposed  to  be 

made. 

Equitable  liand  Impint.  Ass'n  v.  Becker,  45  Md.  634. 

18.33,  ch.  181.     1'.  L.  L.,   (1860)  Art.  4,  sec.  788.     P.  L.  L.,   (1888)   Art. 

4,  sec.  698. 

726.  The  clerk  of  said  court  shall  file  and  record  the  said 
decrees,  and  docket  the  cases  of  the  application  therefor;  and 
in  the  said  decree,  and  to  be  recorded  therewith,  shall  file  a  copy 
of  the  mortgage  upon  which  the  same  was  rendered,  and  shall 
be  entitled  to  the  usual  fees  for  such  services. 

1833,  ch.  181.     1'.  L.  L.,    (1860)   Art.  4,  sec.  789.     P.  L.  L.,   (1888)   Art. 

4,  sec.  699. 

727.  Any  entry  on  the  docket  of  said  court  by  the  person 
entitled  to  assign  the  said  mortgage  claim,  of  the  use  and  bene- 
fit of  said  decrees,  shall  have  the  same  effect  as  assignments 
and  conveyances  of  the  said  mortgage  interests,  to  have  effect 
and  precedence  from  the  time  of  their  respective  entries ;  and 
the  said  entries  shall  not  be  made  without  an  order  or  direction 
in  writing,  to  be  acknowledged  before  the  Judge  of  said  court, 
or  a  Justice  of  the  Peace,  by  the  persons  purporting  to  sign 
the  same,  and  filed  and  recorded  bv  said  clerk. 

IK^J.  rh.  ISl.     P.  L.  L..    (1860)   Art.  4,  sec.  790.     P.  L.  L..    (1SS8)   Art. 

4,   sec.  700. 

728.  The  duly  authorized  entries  upon  the  docket  of  said 
court,  of  the  satisfaction  of  said  decrees,  and  the  discharge  of 
said  mortgage  claims,  made  by  the  persons  entitled  to  receive 
said  claims,  shall  have  the  same  effect  to  discharge  the  moa-tgaged 
property  of  said  mortgage,  and  all  liens  thereunder,  as  any 
conveyances  by  the  parties  interested  in  such  claims,  and  the 
holders  of  the  legal  estate  and  interests  therein,  if  competent  to 
convey,  could  have  at  law  or  in  equity ;  but  such  entries  shall 
not  be  made  without  an  order  or  direction  in  wi'iting,  acknowl- 
edged by  the  persons  purporting  to  have  signed  the  same,  before 
the  Judge  of  said  court,  or  a  Justice  of  the  Peace,  and  filed  by 
the  clerk  of  said  court ;  and  the  entries  shall  refer  to  such  orders 
or  directions,  and  the  names  of  the  persons  aforesaid :  and  said 
order  and  directions  shall  be  recorded  in  said  court  with  said 
decrees. 

1833,  ch.  181.     I'.   I.,   r...    (1S60)    Art.  4.  sec.  791.     P.  L.  1...    (18.S8)   Art. 

4,  sec.  701. 

729.  The  said  court  may,  at  its  discretion,  from  time  to  time, 


379 

appoint  any  other  trustee  or  trustees  in  place  of  those  appointed 
by  the  decree ;  and  the  proceeds  of  such  sales  shall  be  accounted 
for,  to,  and  distributed  by,  said  court,  in  the  manner  usual  in 
cases  of  sales  imder  decrees  of  said  court. 

P.  L.  L..    (1S60)   Art.  4.  see.  792.     P.  L.  L..   (1888)   Art.  4,  see.  702. 

730,  Any  mortgagee  of  property  in  the  City  of  Baltimore, 
his  assignee  or. executor,  where  a  power  to  sell  is  contained  in 
the  mortgage,  may  proceed  under  Ai'ticle  66  of  the  Public  Gen- 
eral Laws,  title  "Mortgages,"  but  notices  of  sale  under  such 
power  shall  be  published  in  two  daily  newspapers  in  said  city 
for  the  period  required  by  law. 

Chilton  V.  Brooks,  71  Md.  445,  453.  Roberts  v.  Loyola,  P.  B.  Ass'n, 
74  Md.  3,  4.     Knapp  v.  Auderson,  89  Md.  190. 

Advertisement.  Requisites  of  a  valid  advertisement. — Kaufman  v. 
Walker,  9  Md.  229.  White  v.  Maleolm,  15  Md.  529.  Reeside  v.  Peter, 
.33  Md.  120.  Stevens  v.  Bond.  44  Md.  506.  Wareheim  v.  Building  Ass'n, 
44  Md.  512.  Direks  v.  Logsdou,  59  Md.  173.  Mistakes  in  advertisement ; 
efFeet  of.— Brooks  v.  Hays.  24  Md.  507.     Patterson  v.  Miller,  52  Md.  388. 

An)ie.ration  Act.  Effeet  of,  on  power  to  sell. — Chilton  v.  Brooks,  71 
Md.  445.    Roberts  v.  Loyola  P.  B.  Ass'n,  74  Md.  3. 

Assignment  of  Mortgage.  Effect  on  power  of  sale. — Russum  v.  Waaser, 
53  Md.  92.  Bouldin  v.  Reynolds,  58  Md.  491  and  Erb  v.  Grimes,  94  Md. 
92. 

Auctioneer.     See,  "Mis-statement  of  Auctioneer." 

Audit.  When  audit  may  be  dispensed  with. — Koins  v.  Shaffer.  27  Md. 
83. 

Bond  of  Foreclosure. — See,  Coekey  v.  Coale,  28  Md.  276  and  Ware- 
heim v.  Carroll  Bldg.  Ass'n,  44  Md.  512. 

Commissions.  Commissions  in  mortgage  sales  are  not  chargeable 
against  the  mortgagor  as  being  embraced  in  the  term  "expenses  of  sale." 
Johnson  v.  Glenn,  SO  Md.  369.  Commissions  in  mortgage  sales  are  a 
matter  of  contract. — Dorsey  v.  Omo,  93  Md.  74. 

Debt.  Nature  of  mortgage  debt. — W.  M.  R.  R.  Co.  v.  Goodwin,  77 
Md.  271. 

Decree.     Effect  of  void  decree. — Kerchner  v.  Kempton,  47  Md.  568. 

Default.     See,  "Insurance  and  Interest." 

Exceptions.  When  and  by  whom  exceptions  to  ratification  of  sale 
may  be  filed. — Aukum  v.  Jantziger,  94  Md.  421.  Bond  v.  Gray  Imp. 
Co.,  102  Md.  426. 

Expenses  of  Sale.     See,  "Commissions." 

Inadequacy  of  Price.  When  suflicient  ground  for  setting  aside  sale 
uiifler  power  to  sell.— Harniekell  v.  Orndorff.  35  Md.  341.  Horsey  v. 
Hough.  .38  Md.  130.  Condon  v.  Maynard,  71  Md.  601.  Carroll  v.  Hut- 
ton.  91   Md.  379. 

InHuranvc.  When  failure  to  pay  constitutes  default.  —  Walker  v. 
Coekey,  38  Md.  75.  Right  of  mortgagee  to  insurance  on  mortgaged 
premises  wlion  fire  takes  i)lace  after  siile,  but  before  ratification  thereof. 
— Bowdoin  v.  Hammond,  79  Md.  173. 

Interest.  When  non-payment  of  interest  constitutes  default. — Mow- 
bray V.  Leckie.  42  Md.  474.     Ae<"ei>tanee  of  Interest  by  mortgagee  after 


380 

♦h't'ault  does  not  constitute  waiver  of  latter's  right  to  foreclosure. — 
Mahoney  v.  McCubbin,  52  Md.  357. 

Jurisdiction.  Jurisdiction  of  coiu't  in  sales  under  powers. — Cockey  v--. 
Coale,  28  Md.  276. 

Misstatements.  Setting  aside  sale  under  a  power  on  account  of  mis- 
statements of  auctioneer.- — Schaeffer  v.  Bond,  70  Md.  480. 

Mortgage  Notes.  When  filing  of  same  unnecessary. — Heidel  v.  Bladen, 
83  Md.  225. 

Mortgagor.  Effect  of  death  of  on  power  to  sell. — Berry  v.  Skinner. 
80  Md.  567. 

Notice.  R<qiiisitcs  of  Valid  Notice  of  ^ale.  White  v.  ]Malcolm.  15 
Md.  529.  Dircks  v.  Logsdon,  59  Md.  17.3.  Carroll  v.  Hutton,  91  Md. 
379.     Errors  in  Notice.— White  v.  McClellan,  62  Md.  347. 

Power  to  Sell.  The  power  to  sell  is  a  power  coupled  with  an  interest. 
—Berry  v.  Skinner,  30  Md.  567.  Dill  v.  Satterfield,  34  Md,  52.  Har- 
nickell  v.  Orndorff,  .35  Md.  541.  W.  M.  R.  R.  Co.  v.  Goodwin,  77  Md. 
271.  Aud  as  such  is  assignable. — Russum  v.  Wauser.  53  Md.  92.  Boul- 
din  V.  Reynolds,  58  Md.  491.  Erb  v.  Grimes.  94  Md.  92.  Is  a  power 
coupled  with  an  interest  when  conferred  on  the  mortgagee. — -W.  M.  R. 
R.  Co.  V.  Goodwin.  77  Md.  271.  And  not  ivlien  conferred  on  a  third 
party  who  has  no  interest  in  the  estate  and.  does  not  pass  to  his  per- 
sonal representatives. — Barrick  v.  Horner,  78  Md.  253. 

Where  an  Assignment  is  Made  for  the  purpose  of  foreclosure  only, 
the  power  to  sell  is  not  a  power  coupled  with  an  interest  and  does  not 
pass  to  the  personal  representatives  of  the  assignee,  nor  can  latter  exer- 
cise same.— Taylor  v.  Carroll,  89  Md.  32. 

The  Mortgagee's  Power  of  sale  is  not  affected  by  an  order  of  the 
<')rphans'  Court  directing  the  mortgagor's  executor  to  sell  the  mortgaged 
premises. — Mish  v.  Lechlider.  89  Md.  275. 

Though  not  Exercisable  by  a  corporation  as  assignee,  a  power  of  sale 
may  be  exercised  by  the  assignee  of  such  corporation. — Maslin  v.  Mar- 
shall, 94  Md.  4.30. 

Rati/ication  of  Sale.  Grounds  for  objection  to  ratification  of  sale 
under  power  to  sell. — Hubbard  v.  .Tarrell.  23  Md.  6('>. 

Sales.  A  sale  for  cash  where  terms  of  sale  are  not  stated  in  mortgage 
is  valid. — Powell  v.  Hopkins,  38  Md.  1.  When  a  sale  in  solido  will  be 
set  aside.^ — Patterson  v.  Miller,  52  Md.  388.  A  power  to  sell  property 
out.side  of  the  county  in  which  it  lies  cannot  be  given  in  a  mortgage. — 
Webb  V.  Haeffer,  53  Md  187.  No  order  of  Orphans'  Court  is  required 
in  sales  of  mortgaged  property  by  executors  of  assignee  of  mortgage. — 
Chilton  V.  Brooks,  71  Md.  453.  Sales  where  division  of  land  was  im- 
proper.-— Carroll  v.  Hutton.  91  Md.  379.  The  discretion  of  the  trustee 
as  to  the  mode  of  offering  property  for  sale  under  power  to  sell  in  mort- 
gage must  be  properly  exercised.- — Thomas  v.  Fewster,  95  Md.  450. 
When  sale  will  he  set  aside. — Kauffman  v.  Walker,  9  Md.  229.  Ofily 
sufficient  property  should  be  offered  for  sale  to  pay  the  mortgage  debt 
and  expenses  when  the  property  is  divisible  in  a  practical  manner. — 
Mays  V.  Lee.  100  Md.  229.  Sale  hg  assignee  of  mortgage  under  power 
of  sale ;  duty  of  such  assignee. — Wicks  v.  Westcott,  59  Md.  270. 

Trustee.  A  trustee  cannot  purchase  at  his  own  sale. — Korns  v.  Shaf- 
fer, 27  Md.  83.  Duty  of  trustee  under  power  to  sell  to  all  parties. — 
Dickerson  v.  Small.  64  Md.  395.  Carroll  v.  Hutton,  88  Md.  679.  For 
a  full  discussion  of  duties  of  trustee  In  relation  to  sales  of  mortgaged 
property  under  power  of  sale.  See.  Wicks  v.  Westcott.  .59  Md.  270. 


381 

1833,  ch.  181,  sec.  3.     1864,  ch.  124.     P.  L.  L.,   (1888)  Art.  4,  sec.  703. 

731.  Where  a  default  of  the  mortgagors  has  taken  phiee 
before  the  said  conveyances  have  been  submitted  to  the  Circuit 
Court  of  Baltimore  City,  it  shall,  nevertheless,  be  the  duty  of 
said  court,  upon  the  submission  of  the  said  conveyances  to  such 
court,  after  the  said  default,  to  forthwith  decree  that  the  mort- 
gaged premises  shall  be  sold  on  such  terms  of  sale  as  to  the  said 
court  shall  seem  proper,  and  to  appoint  by  said  decree  a  trustee 
or  trustees  to  make  such  sale,  requiring  bond  and  security  for 
the  performance  of  the  trust,  as  is  usual  in  the  case  of  the  sale  of 
mortgaged  premises :  and  the  said  trustee  or  trustees  may  sell 
the  same  agreeably  to  the  terms  of  the  said  decree;  but  before 
each  sale  the  mortgagee  or  mortgagees,  or  some  of  the  mort- 
gagees, or  the  executor  or  administrator  of  a  deceased  mort- 
gagee, or  the  assig-nee  or  assignees  of  the  mortgagee  or  one  of 
such  assignees,  or  the  executor,  or  administrator  of  a  deceased 
assignee,  shall  file  in  the  court  in  which  the  said  proceedings  are 
pending,  a  statement  of  the  amount  of  the  said  mortgage  claim 
remaining  due,  verifSdng  the  same  by  the  oath  or  affirmation  of 
the  party  filing  the  same ;  and  the  said  affidavit  or  affirmation 
may  be  made  before  any  of  the  persons  mentioned  in  section  721 
of  this  Article,  and  the  same  shall  be  authenticated  as  provided 
for  in  section  Y21, 

Hays  V.  Dorsey.  5  Md.  99.  Gatchell  v.  Pre.sstmau.  5  Md.  161.  Black 
V.  Carroll,  24  Md.  2.">2.  T'.rf.cks  v.  Hays.  24  Md.  .507.  Connauffhtoii  v. 
Bornard.  84  Md..595. 

1898,  ch.  327. 

731a.  If,  upon  a  sahi  of  the  whole  mortgaged  property  by 
virtue  of  a  decree  passed  under  an  assent  to  the  passing  of  a 
decree  contained  in  the  mortgage  under  the  provisions  of  section 
720  of  this  Article,  the  net  proceeds  of  sale,  after  the  cost  and 
expenses  allowed  by  the  court  are  satisfied,  shall  not  suffice  to 
pay  the  mortgage  debt  and  accrued  interest,  as  the  same  shall  be 
found  and  determined  by  the  judgment  of  the  court  upon  the 
report  of  the  auditor  thereof,  the  court  may,  upon  the  motion 
of  the  plaintitV,  the  mortgagee  or  his  legal  or  equitable  assignee, 
after  due  notice,  by  summons  or  otherwise,  as  the  court  may 
direct,  enter  a  decree  in  personam  against  the  mortgagor  or 
other  party  to  the  suit  or  proceeding,  who  is  liable  for  the  pay- 
ment thereof,  for  tlie  amount  of  such  deficiency;  pi'ovided  the 
mortgagee  or  his  legal  or  er|uitable  assignee  would  be  entitled  to 
maintain  an  action  at  law  upon  the  covenants  contained  in  the 
mortgage  for  said  I'esidue  of  said  mortgage  debt  so  remaining 
unpaid  and   unsatisfied  by  the  proceeds  of  such  sale  or  sales; 


382 

which  decree  shall  have  the  same  effect  and  be  a  lien  as  in  a  case 
of  a  judgment  at  law,  and  may  be  enforced  in  like  manner  by  a 
writ  of  execution  in  the  nature  of  a  writ  of  fieri  facias  by  attach- 
ment or  otherwise. 

1864,  eh.  Ili4.     1'.  L.  L.,   (1888)  Art.  4,  sec.  704. 

732.  The  provisions  of  sections  722  to  729,  inclusive,  of  this 
Article,  shall  apply  to  all  the  proceedings  under  section  731. 

1910.  ch.  157. 

732A.  Any  affidavit,  affinnation  or  acknowledgment  naen- 
tioned  in  the  preceding  sections  of  this  Article  relating  to  mort- 
gages, or  incidental  to  any  proceedings  thereunder,  may  be  made 
before  a  notary  public. 

1914,  ch.  587. 

732A.  Municipal  Liens.  The  Mayor  and  City  Council  of 
Baltimore  may  establish  a  sub-department  or  bureau  where  the 
record  of  all  municipal  charges  and  assessments  of  every  char- 
acter may  be  kept,  and  may  provide  for  the  issuance  of  a  certifi- 
cate stating  whether  any,  and  if  so  what,  municipal  charges  or 
assessments  exist  against  any  particular  property,  and  for 
making  a  reasonable  charge  for  such  certificata 

NOTARIES  PUBLIC. 

1801,  ch.  86,  sec.  2.  1872,  ch.  191.  1880,  ch.  21.  1886,  ch.  14.  1890.  eh. 

71.  1892,  ch.  373.  1896,  ch.  137.  1898,  ch.  81.  1898,  ch.  123. 

1900,  ch.  150.  1902,  ch.  112.  1902,  ch.  321.  1904.  ch.  15. 

P.  G.  L..  (1860)  Art.  67.  sec.  1.  P.  L.  L.,  (1888) 

Art.  4.  sees.  704A,  704A  1-2. 

733.  The  Governor,  by  and  with  the  consent  of  the  Senate, 
shall  appoint  and  commission  twenty  l^otaries  Public  for  each 
of  the  Legislative  Districts  of  Baltimore  City,  and  twenty 
Notaries  Public  at  large  for  said  city,  to  be  selected  from  such 
districts  as  the  Governor  may  elect  and  determine. 

As  to  how  far  a  Notary  Public  may  impeach  his  certificate,  see,  Cen- 
tral Bank  v.  Copeland,  18  Md.  305.  Matthews  v.  Dare,  20  Md.  271. 
Highburger  v.  Stiffler.  21  Md.  351.    Nicholson  v.  Snyder.  97  Md.  415. 

1904,  eh.  227. 

733A.  In  addition  to  the  Notaries  Public  heretofore  author- 
ized and  mentioned  in  section  733  of  this  Article  (as  repealed 
and  re-enacted  by  the  Acts  of  the  General  Assembly  of  1904), 
the  Governor,  bv  and  with  the  advice  and  consent  of  the  Senate, 


383 

shall  appoint  and  commission  tweuty-tive  additional  Notaries 
Public  at  large,  to  be  selected  from  such  ward  or  wards  as  the 
Governor  may  elect  and  determine. 

1906,  ch.  317,  sec.  1. 

733Aa^  The  Governor,  by  and  with  the  advice  and  consent 
of  the  Senate,  is  authorized  to  appoint  twenty  Notaries  Public 
for  Baltimore  City,  two  of  whom  may  be  females,  in  addition 
to  the  number  now  authorized  bv  law. 

1904,  ch.  15. 

734.  No  person  shall  be  eligible  to  the  office  of  Notary  Pub- 
lic except  a  citizen  of  the  United  States  who  has  resided  in  the 
State  for  two  years  previous  to  his  appointment;  but  women 
otherwise  qualified,  shall  be  eligible  to  said  office,  provided  the 
number  of  said  women  so  appointed  and  commissioned  shall  not 
exceed  ten  in  number. 

OYSTERS. 

1892,  ch.  630.     P.  L.  L..    (1SS8)    Art.  4,  sec.  704B. 

735.  All  oysters  in  the  shell  sold  in  the  City  of  Baltimore 
shall  be  measured  by  a  licensed  measurer ;  any  person  may  ob- 
tain a  license  therefor  from  the  Clerk  of  the  Court  of  Common 
Pleas  by  paying  therefor  the  sum  of  ten  dollars  and  taking  an 
oath  before  said  clerk  for  the  faithful  performance  of  his  duty ; 
said  license  shall  hold  good  for  one  year;  a  measurer  shall  re- 
ceive for  his  services  one-half  cent  per  bushel,  to  be  paid  equally 
by  the  buyer  and  seller ;  any  person  violating  the  provisions  of 
this  section  shall  be  deemed  guilty  of  a  misdemeanor,  and  on 
conviction,  shall  be  fined  not  less  than  twenty  nor  more  than 
fifty  dollars  for  ea(;h  offence,  and  imprisoned  until  the  fine  and 
costs  shall  be  paid. 

PARKS  AND  SQUARES. 

1876.  ch.  :!4t.     P.  [>.  L..   (1888)  Art.  4,  sec.  712. 

736.  The  Board  of  Park  Commissioners,  for  the  purpose 
specified  in  section  06  of  this  Article,  is  empowered  to  form  a 
zoologicji]  collection  within  the  limits  of  any  of  the  parks  and 
squares  under  its  control. 

The  Act  lOfMi.  di.  f.S,  authorizes  flie  Mayor  and  City  Coimcil  of  Balti- 
more to  retain  as  a  ptihlic  rcseivation  or  park,  the  trlanguhir  lot  of 
;;rouii(l  at  tiic  iiitersectif>ri  of  IToi»kiiis  Plaoe  and  Baltimore  street. 


384 

187G,  eh.  344.     l".  J..  ]..,   (1888)  Art.  4,  sec.  713. 

737.  The  said  Commissioners  are  authorized  to  receive  sub- 
scriptions of  money  for  the  purpose  of  said  collection  not  to 
exceed  in  amount  one  hundred  thousand  dollars,  and  to  issue 
certificates  of  stock  therefor,  in  sums  of  not  less  than  one  hun- 
dred dollars,  each  l>earing  interest  at  the  rate  of  six  per  cent.,^ 
payable  half-yearly  out  of  the  income  derived  from  said  collec- 
tion, which  certificates  shall  be  signed  by  a  membei-  ()f  said 
Commissioners  appointed  by  them  for  the  purpose,  and  tlie 
secretary  thereof,  and  have  attaclied  thereto  a  seal,  which  the 
said  Commissioners  are  authorized  to  adopt  for  the  purpose. 

1876,  ch.  344.     P.  L.  L..   (18S8)  Art.  4,  sec.  714. 

738.  In  addition  to  the  six  per  cent,  interest  aforesaid,  each 
holder  of  a  certificate  shall  be  entitled  to  receive  for  every  one 
hundred  dollars  subscribed  by  him  or  her,  as  many  free  entrance 
tickets  to  the  zoological  collection  as  the  said  Commissioners 
may  deem  proper. 

1886,  ch.  438.     P.  L.  L..   (1888)  Art.  4,  sec.  720. 

739.  The  Mayor  and  City  Council  of  Baltimore  are  author- 
ized to  issue  bonds  or  certificates  of  indebtedness  of  said  corpo- 
ration to  an  amount  not  exceeding  one  hundred  thousand  dollars, 
to  be  applied  to  the  purchase  of  ground  for  and  the  establish- 
ment of  a  park  in  that  portion  of  the  City  of  Baltimore  lying 
west  of  Poppleton  street  and  south  of  Franklin  street  in  said 
city;  which  said  bonds  or  certificates  of  indebtedness  shall  be 
payable  at  such  times  and  bear  such  rate  of  interest  not  exceed- 
ing three  and  one-half  per  centum  per  annum,  as  the  said  Mayor 
and  City  Council  shall  provide  by  ordinance ;  provided,  that  the 
said  bonds  or  certificates  of  indebtedness  shall  not  be  issued 
unless  the  ordinance  which  the  Mayor  and  City  Council  of  Balti- 
more are  authorized  to  enact  for  that  purpose  shall  be  approved 
by  a  majority  of  the  votes  of  the  legal  voters  of  said  city,  cast  at 
the  time  and  places  to  be  designated  by  said  ordinance,  in  the 
provision  for  submitting  the  same  to  the  legal  voters  of  said 
city,  as  required  by  section  7,  Article  XI,  of  the  Constitution  of 
Maryland ;  provided,  however,  that  the  said  bonds  or  certificates 
of  indebtedness  shall  not  be  sold  for  less  than  par ;  and  the  said 
Mayor  and  City  Council  of  Baltimore  are  authorized  to 
provide  by  ordinance  for  the  laying  of  such  an  annual  tax  as 
shall  be  sufficient  to  pay  the  interest  on  said  bonds  or  certificates 
of  indebtedness,  and  provide  a  sinking  fund  for  their  redemp- 
tion at  maturitv. 


385 


1904,  c-h.  42. 


739a,  From  and  after  the  date  of  the  passage  of  this  Act  no 
building,  except  churches,  shall  be  erected  or  altered  in  the  City 
of  Baltimore  on  the  territory  bounded  by  the  south  side  of 
Madison  street,  the  west  side  of  St.  Paul  street,  the  north  side 
of  Centre  street,  and  the  east  side  of  Cathedral  street,  to  exceed 
in  height  a  point  seventy  feet  above  the  surface  of  the  street  at 
the  base  line  of  the  Washington  ]\ronument. 

Cochrau  v.  Preston,  lOS  Md.  220. 

PARK  IMPROVEMEl^T  LOAJsT. 

1904,  ch.  338. 

739b.  The  Mayor  and  City  Council  of  Baltimore  be  and  is 
hereby  authorized  to  issue  its  stock  to  an  amount  not  exceeding 
one  million  dollars,  said  stock  to  be  issued  from  time  to  time  as 
the  Mayor  and  City  Council  of  Baltimore  shall  by  ordinance 
prescribe,  and  to  be  issued  for  such  amounts  and  to  be  payable  at' 
such  time  and  to  bear  such  rate  of  interest  as  the  Mayor  and 
City  Council  of  Baltimore  shall  by  ordinance  provide ;  and  the 
proceeds  thereof  to  be  used  for  the  extension  of  the  present  park 
system  of  the  City  of  Baltimore,  and  for  the  development  and 
improvement  for  park  purposes  of  the  lands  over  which  it  shall 
be  so  extended,  in  such  manner  as  the  Mayor  and  City  Council 
of  Baltimore,  shall  by  special  ordinance  or  ordinances,  or  by  the 
annual  Ordinance  of  Estimates,  prescribe;  but  said  stock  shall 
not  be  issued  in  whole  or  in  part  unless  the  ordinance  of  the 
Mayor  and  City  Council  of  Baltimore  providing  for  the  issu- 
ance thereof;  shall  be  submitted  to  the  legal  voters  of  the  City 
of  Baltimore,  at  such  time  and  place  as  may  be  fixed  by  said 
ordinance,  and  be  approved  by  a  majority  of  the  votes  cast  at 
such  time  and  place,  as  required  by  section  7  of  Article  11  of 
the  Constitution  of  Maryland. 

By  the  Act  lOOf!.  Hi.  72.S.  fhe  Mayor  and  City  Council  of  Baltimore  Ls 
authorized  to  issue  .$1,()00,0()0  of  city  stock  for  the  purpose  of  extending 
the  Park  system  wlu-n  an  ordinance  providing  for  the  same  shall  be 
submitted  to  and  approved  by  the  people. 

The  Act  1904,  ch.  338,  was  approved  by  the  people,  November,  1904. 

1904.  ch.  3.38. 

739c.  The  Mayor  and  City  Council  of  Baltimore,  acting  by 
and  through  the  agency  of  the  Board  of  Park  Commissioners, 
may  acciuire  h)y  gift,  purchase,  lease,  whatever  the  f]ur;itinn  of 
the  lease,  or  other  like  methods  of  acquisition  or  by  condemna- 
tion, any  land  situate  wholly  or  partly  within  the  City  of  Balti- 

(14) 


386 

more,  or  within  the  counties  of  Baltimore,  Anne  Arimdel,  and 
Howard,  or  any  interest,  franchise,  easement,  right  or  privilege 
therein,  which  may  be  required  for  the  purpose  of  extending 
said  park  system,  as  aforesaid,  or  any  part  or  parts  thereof,  and 
when  and  so  often  as  resort  shall  be  had  to  condemnation  pro- 
ceedings, the  procedure  shall  be  that  marked  out  by  sections  360 
to  365,  inclusive,  of  Article  23  of  the  Code  of  Public  General 
Laws  of  Maryland,  relating  to  condemnation  of  property  by 
corporations,  or  so  far  as  the  acquisition  by  condemnation  of  any 
such  lands  situate  wholly  or  partly  within  the  City  of  Balti- 
more, or  any  interest,  franchise,  easement,  right  or  privilege 
therein  is  concerned,  may,  in  such  case  or  cases,  at  the  option  of 
the  Board  of  Park  Commissioners,  be  such  as  may  now  or  at  any 
time  hereafter  provided  for  by  any  lawful  ordinance  or  ordi- 
nances of  the  Mayor  and  City  Council  of  Baltimore,  adopted 
pursuant  to  the  powOTs  conferred  upon  it  by  section  6  of  this 
Article,  title  "General  Powers,"  sub-title,  "Condemnation  of 
Property,"  for  the  condemnation  of  any  land  or  property  or 
interest  therein  situated  wholly  or  partly  within  the  City  of 
Baltimore,  or  such  as  may  be  provided  for  the  very  purpose  by 
any  lawful  ordinance  or  ordinances  of  the  Mayor  and  City 
Council  of  Baltimore,  which  said  ordinance  or  ordinances  the 
said  Mayor  and  City  Council  of  Baltimore  is  hereby  fully 
authorized  to  adopt ;  'provided,  provision  is  made  therein  for 
reasonable  notice  to  the  owner  or  owners,  and  for  appeals  to  the 
Baltimore  City  Court  by  any  person  interested,  including  the 
Mayor  and  City  Council  of  Baltimore,  from  the  decision  of  any 
Commissioners  or  other  persons  appointed  to  value  any  such 
land  or  interest,  franchise,  easement,  right  or  privilege  therein. 

1904,  ch.  338. 

739d.     In  developing  and  improving  any  land  acquired  as 

aforesaid  for  park  purposes,  the  Mayor  and  City  Council  of 

Baltimore  shall  be  free  from  the  restrictions  created  by  Chapter 

453  of  the  Acts  of  the  General  Assembly  of  Maryland,  approved 

April  8,  1902. 

The  Act  of  1902,  cli.  453  re-enacted  .section  .S40  of  the  City  Charter. 
See  post,  page  503. 

1904,  ch.  3.38. 

739e.  The  interest  on  the  loan  authorized  by  this  Act,  and 
the  sinking  fund  for  the  redemption  of  the  said  loan,  shall  be 
taken  out  of  the  receipts  from  the  park  tax  on  the  street  railway 
companies  of  Baltimore  City,  and  not  from  the  proceeds  of  the 
general  tax  levy. 


387 

1904,  ch.  338. 

739f.  The  Mayor  and  City  Council  of  Baltimore  are  hereby 
authorized  and  empowered  to  expend  equally  the  proceeds  of  the 
loan  authorized  by  this  Act  in  the  acquisition  of  land  in  the  four 
sections  of  the  city  and  suburbs  indicated  by  the  intersection  of 
Charles  and  Baltimore  streets. 

This  loan  was  approved  by  the  people  at  the  election,  November  7, 
1905. 

POLICE  COMMISSIONEES. 

Organization  of  Force. 

P.  L.  L.,   (I860)  Art.  4,  sec.  806.     1860,  ch.  7.     1867,  ch.  367.     1874,  ch. 
2.    1900.  ch,  15.     P.  L.  L..  (1888)  Art.  4,  sec.  722. 

740.  There  shall  be  appointed  by  the  Governor,  by  and  with 
the  advice  and  consent  of  the  Senate,  three  sober  and  discreet 
persons,  who  shall  have  been  registered  voters  in  the  City  of 
Baltimore  for  three  consecutive  years  next  preceding  the  day  of 
their  appointment,  who  shall  be  known  as  the  Board  of  Police 
Commissioners  for  the  City  of  Baltimore ;  two  of  said  Commis- 
sioners shall  always  be  adherents  of  the  two  leading  political 
parties  in  the  State,  one  of  each  of  said  parties.  Any  of  said 
Commissioners  shall  be  subject  to  removal  by  the  Governor  for 
official  misconduct  or  incompetency,  in  the  manner  provided  by 
law  in  the  case  of  other  civil  officers.  Each  of  said  Commission- 
ers shall  be  appointed  for  two  years,  and  their  term  of  office 
shall  commence  on  the  first  ]\Ionday  of  May  next  ensuing  their 
appointment,  and  they  shall  hold  office  until  their  respective 
successors  are  appointed  and  qualified;  each  of  said  Commis- 
sioners shall  receive  a  salary  of  twenty-five  hundred  dollars  per 
annum,  payable  quarterly.  None  of  said  Commissioners  shall 
be  eligible  to  an  ele<;tive  or  appointed  office  during  the  term  for 
which  he  was  appointed,  except  under  the  militia  laws  of  the 
State,  or  where  the  qualifications  for  such  office  are  prescribed 
by  the  Constitution.  As  the  term  of  office  of  any  Commis- 
sioners shall  expire,  as  designated  above,  his  successor  shall  be 
appointed  for  two  years,  subject  to  the  foregoing  provisions  and 
limitations.  Before  entering  upon  tlie  duties  of  his  office,  each 
Conimissioner  shall  enter  into  bond  to  the  State  of  Miirvland, 
with  one  or  more  sureties,  in  the  penalty  of  ten  thousand  dollars, 
conditioned  for  the  faithful  discharge  of  his  duties  as  such 
Commissioner;  said  Ixmd  to  l)e  approved  by  the  .ludge  of  the 
Superior  Court  of  the  City  of  Baltimore,  mid  to  be  kept  and 
recorded  bv  the  clerk  of  said  court,  in  the  office  tliereof,  togctlirr 


388 

with  the  certificate  of  appointment  as  aforesaid,  and  shall  also 
take  and  subscribe  before  the  said  Judge  of  the  Superior  Court. 
or  the  clerk  thereof,  the  oath  or  affirmation  prescribed  by  the 
sixth  section  of  the  first  Article  of  the  Constitution,  and  the 
further  oath  or  affirmation,  that  in  every  appointment,  promo- 
tion, reduction  in  rank  or  removal  to  be  made  by  them,  to,  in  or 
from  the  police  force  created  and  organized  under  this  sub- 
division of  this  Article,  they  will  in  no  case,  and  under  no  pre- 
text, appoint,  promote,  reduce  in  rank  or  remove  any  policeman 
or  officer  of  police,  or  detective,  or  any  other  person  under  them, 
for  or  on  account  of  the  political  opinions  or  affiliations  of  such 
policeman,  officer,  detective  or  other  person  or  for  any  other 
cause  or  reason  than  the  fitness  or  unfitness  of  such  person,  in 
the  best  judgment  of  said  Commissioners,  for  the  place  to  which 
he  shall  be  appointed,  or  from  which  he  shall  be  removed,  and 
the  said  oath  or  affirmation  shall  be  recorded  and  preserved 
among  the  records  of  said  court. 

Mayor  and  C.  C.  of  Balto.  v.  State,  15  Md.  376.  Mayor,  etc.  v.  Howard, 
20  Md.  335.  Altvater.  V.  Mayor,  31  Md.  462.  Keyser  v.  Upshur,  92  Md. 
728. 

1867,  ch.  367.     1900,  ch.  15.     P.  L.  L.,    (1888)   Art.  4,  sec.  723. 

741.  The  Board  of  Police  Commissioners,  on  entering  upon 
their  duties  as  such,  shall  select  one  of  their  number  who  shall 
be  the  president,  and  one  of  their  number  who  shall  be  the 
treasurer  thereof;  all  votes  on  appointments  into  the  police 
force,  and  on  promotions^  reductions  in  rank  therein,  and  dis- 
missals of  officers  therefrom,  and  all  votes  awarding  contracts  or 
for  the  expenditures  of  any  money  shall  be  by  a  yea  and  nay 
vote,  which  shall  be  plainly  recorded  in  the  minute  book  of  the 
Board  of  Police  Commissioners,  showing  how  each  member  of 
the  board  has  voted  on  each  of  said  questions.  This  minute 
book  shall  at  all  times  be  open  under  reasonable  regulations  to 
the  inspection  of  the  public.  In  case  of  the  death,  resignation, 
removal  or  disqualification  of  any  Commissioner,  the  Governor 
shall  appoint  a  successor  for  the  remainder  of  the  term  so 
vacated,  subject  to  the  provisions  of  the  foregoing  section,  and 
of  the  Constitution  of  the  State;  provided,  that  the  present 
Board  of  Police  Commissioners  shall  continue  in  office  until  the 
first  Monday  in  May,  nineteen  hundred,  with  the  right  of  re- 
moval, and  to  fill  vacancies  on  the  part  of  the  Governor  as  pro- 
vided by  law. 

Keyser  v.  Up-shur,  92  Md.  728.  7.39. 


389 


1884,  ch.  176.     I'.  L.  L.,  (1888)  Art.  4,  sec.  724.     1906.  cli.  129.     1908.  ch. 
432.     1910,  ch.  471.     1912,  ch.  377. 

742.  The  said  Board  of  Police  Commissioners  shall  select 
some  suitable  person  to  act  as  secretary  to  the  Board,  whose  duty 
it  shall  be  to  keep  minutes  of  the  proceedings  of  the  Board,  take 
charge,  by  direction  of  the  Board,  of  all  property  seized  or  found 
by  the  police  or  detectives,  and  to  perform  all  clerical  and  proper 
duties  required  of  him  by  said  Board,  and  it  shall  be  the  further 
duty  of  said  secretary  to  prepare  forms  of  all  poll  books  and 
election  returns,  warrants  of  arrests  and  commitments  to  be 
used  by  judges  of  election  for  all  elections  held  in  Baltimore 
City ;  to  superintend  carefully  the  printing  thereof,  and  to  per- 
form all  other  clerical  duties  devolved  upon  said  Board  by  law 
in  connection  with  all  the  elections  held  in  said  city  as  may  be 
required  of  him  by  said  Board ;  said  secretary  shall  enter  into 
bond  to  the  State  of  Maryland  in  the  same  manner  as  is  by  law 
prescribed  for  said  Commissioners  in  the  sum  of  five  thousand 
dollars,  conditioned  for  the  faithful  discharge  of  his  duties 
aforesaid,  and  the  safe  keeping  of  all  property  placed  in  his 
hands  as  aforesaid,  and  shall  receive  the  salary  of  three  thou- 
sand dollars  ($3,000.00)  per  annum,  payable  monthly. 

P.  L.  L.,  (1888)  Art.  4,  sec.  724A.  1892.  ch.  549.  1906.  ch.  129.  1908, 

ch.  432.  1910,  ch.  471. 

743.  The  Board  of  Police  Commissioners  are  hereby  author- 
ized to  employ  an  additional  officer,  to  be  known  as  assistant 
secretary  to  the  Board,  whose  salary  shall  be  eighteen  hundred 
dollars  per  annum,  payable  monthly. 

P.  L.  L.,   (1860)  Art.  4,  sec.  808.     1860,  ch.  7.     1867,  ch.  367.     1890,  ch. 
574.    P.  L.  L.,  (1888)  Art.  4,  sec.  725. 

744.  The  duties  of  the  Board  of  Police  Commissioners  here- 
by created  shall  be  as  follows:  They  shall  at  all  times  of  the 
day  and  night,  within  the  boundaries  of  tlie  City  of  Baltimore, 
as  well  on  the  water  as  on  the  land,  preserve  the  public  peace, 
prevent  crime  and  arrest  offenders,  protect  the  rights  of  persons 
and  property,  guard  the  public  health,  preserve  order  at  primary 
meetings  and  elections,  and  at  all  public  meetings  and  conven- 
tions and  on  all  pul)lic  occasions  and  ])laces,  prevent  and  remove 
nuisances  in  all  tlic  streets  and  highways,  waters  and  water- 
courses, and  all  other  places,  provide  a  proper  police  force  at 
every  fire  for  the  protection  of  firemen  and  property,  protect 
strangers,  emigrants  and  travelers  at  all  steamboat,  ferry-boat 
and  ship  landings  and  railway  stations,  see  that  all  laws  relating 


300 

to  elections,  and  to  the  observance  of  Sunday,  and  regarding 
pa\vnbrokers,  gambling,  intemperance,  lotteries  and  lottery 
policies,  vagrants,  disorderly  persons  and  the  public  health  are 
enforced,  and  also  to  enforce  all  laws,  ordinances  of  the  Mayor 
and  City  Council  of  Baltimore,  not  inconsistent  with  the  pro- 
visions of  this  sub-division  of  this  Article,  or  of  any  law  of  the 
State  which  may  be  properly  enforceable  by  a  police  force ;  and 
in  case  the  said  Board  of  Police  Commissioners  shall  have  rea- 
son to  believe  that  any  person  within  the  limits  of  the  City  of 
Baltimore  intends  leaving  the  city  for  the  purpose  of  committing 
any  breach  of  the  peace,  or  of  violating  any  law  of  the  State 
beyond  the  limits  of  the  city,  upon  the  Chesapeake  bay  or  on 
any  river,  creek,  inlet,  water-course,  or  at  any  other  place  on 
land  or  water  within  the  State  of  Maryland,  it  shall  be  the  duty 
of  the  said  Board  of  Police  Commissioners  to  cause  such  person 
to  be  followed,  and  to  take  the  most  effectual  means  for  the 
suppression  and  prevention  of  such  outrage,  when  any  such  shall 
be  attempted,  and  to  cause  the  arrest  of  all  such  offenders ;  pro- 
vided, however,  that  if  any  crime  be  actually  committed  by 
such  person,  the  offender  shall  be  delivered  to  the  proper  juris- 
diction for  trial  and  punishment ;  any  person  charged  with  the 
commission  of  crime  in  the  City  of  Baltimore  and  against  whom 
criminal  process  shall  have  issued,  may  be  arrested  upon  the 
same  in  any  part  of  the  State  by  the  police  force  created  under 
this  sub-division  of  this  Article,  under  such  rules  and  regula- 
tions as  the  Board  of  Police  Commissioners  may  adopt ;  and  the 
said  Board  shall  have  power  to  summon  witnesses  before  it  and 
to  administer  oaths  or  affirmations  to  such  witnesses  whenever, 
in  the  judgment  of  the  said  Board,  it  may  be  necessary  for  the 
effectual  discharge  of  their  duties  under  this  sub-division  of  this 
Article;  and  any  person  failing  to  appear  in  answer  to  said 
summons,  or  refusing  to  testify,  shall  be  subject  to  a  penalty  of 
not  less  than  twenty-five  nor  more  than  fifty  dollars,  to  be 
recovered  by  civil  action  in  the  name  of  the  State,  to  the  use  of 
the  said  Board,  or  by  indictment  in  the  Criminal  Court  of  Balti- 
more; false  swearing  on  the  part  of  any  such  witness  shall  be 
deemed  perjury,  and  shall  be  punished  as  such. 

Altvater  v.  Mayor,  31  Md.  462.  Mitchell  v.  Lemon,  34  Md.  176.  Flynn 
V.  Canton  Co.,  40  Md.  312.  Roddy  v.  Finnegan,  43  Md.  492.  State  v. 
Strauss.  49  Md.  288.  Brotherton  v.  Board  of  Police  Commissioners,  49 
Md.  495.  Sinclair  v.  Baltimore,  59  Md.  597.  Police  Commissioners, 
Baltimore  City  v.  Wagner,  93  Md.  192.  Upshur  v.  Mayor,  etc.,  94  Md. 
743.  Upshur  v.  Ward,  94  Md.  778.  Wagner  v.  Upshur,  95  Md.  519. 
State  V.  Hymen.  98  Md.  621  (approving  Baltimore  City  v.  Wagner,  93 
Md.  192). 


391 

Photographing  and  measuring  under  Bertillou  System  before  convic- 
tion.    Limited  use  of  photographs. 

William  F.  Downs  v.  Sherlock  Swann,  et  al.,  Ill  Md.  63. 

P.  L.  L.,    (1860)   Art.  4,  sec.  809.     1886.  ch.  186.     1888,  ch.  98,  sec.  24. 

1888,  ch.  303.     1888,  ch.  500.     P.  L.  L.,   (1888)   Art.  4,  sec.  726. 

1890,  ch.  124.      1894,  ch.  240.      1900,  ch.  425.      1906,  ch. 

129.    1908,  ch.  234.    1910,  ch.  465.    1910,  ch.  471. 

1912,  ch.  503.    1912,  ch.  847.    1914,  ch.  785. 

745.     The  said  Board  of  Police  Commissioners  are  author- 
ized and  required  immediately  on  entering  upon  the  duties  of 
their  office  to  appoint,  enroll,  and  employ  a  permanent  police 
force  for  the  City  of  Baltimore,  which  they  shall  arm  and  equip 
as  they  may  judge  necessary,  under  such  rules  and  regulations 
as  they  may  from  time  to  time  prescribe,  and  the  said  Board 
shall  have  the  power  to  remove  any  police  officer  or  officer  of 
police,  or  any  detective  for  the  violation  of  any  rule  or  regulation 
which  they  may  make  and  promulgate  to  the  said  police  force, 
officers  of  police  or  any  detective;  said  police  force  shall  consist 
of  one  marshal  and  one  deputy  marshal  of  police ;  and  for  each 
police  district,  one  captain,  two  lieutenants,  two  round  sergeants, 
two  turnkeys  (who  shall  have  the  rank  of  patrolmen),  and  one 
clerk,  and  not  more  than  three  signal  and  telephone  operators  at 
each  station-house;  two  additional  captains,  one  of  whom  shall 
be  assigned  to  have  charge  of  the  detective  office,  and  one  of 
whom  shall  be  assigned  to  have  charge  of  the  police  patrol  boats ; 
five  additional  lieutenants,  one  of  whom  shall  be  assigned  to 
have  charge  of  the  Bureau  of  Identification ;  one  of  whom  shall 
be  assigned  to  the  said  police  patrol  boats ;  one  of  whom  shall  be 
assigned  to  have  charge  of  the  police  department  horses,  wagons, 
motor  vehicles  and  stables ;  one  of  whom  shall  be  the  superin- 
tendent of  the  police  signal  and  telephone  service ;  one  of  whom 
shall  be  assigned  to  night  duty  at  Police  Headquarters ;  and 
detectives  not  exceeding  twenty-five,  who  shall  not  be  allowed  to 
follow  any  business  or  profession,  but  who  shall  devote  their 
entire  time  to  the  discharge  of  their  dtities  as  detectives,  no  such 
lieutenant  of  detectives  sliall  be  eligible  to  take  an  examination 
for  the  grade  of  captain  until  he  shall  have  served  ten  years  as  a 
detective,  each  and  all  such  detectives  to  rank  as  lieutenants 
with  equal  opportunities  of  promotion  with  otlior  lieutenants; 
such  num})er  of  sergeants  as  the  Board  of  Police  Commissioners 
in  tlioir  judgment  may  deem  necessary;  two  additional  round 
.sergeants,  one  of  whom  .shall   be  assigned  as  assistant  to  the 
superintendent  of  the  Police  Signal  and  Telephone  Service,  and 
one  of  whom  shall  be  an  experienced  machinist  and  shall  be 
known  as  superintendent  of  machinery,  who  shall  have  charge  of 


the  mechanical  care  and  repair  of  the  motor  veliicles  of  the 
Police  Department,  respectively,  and  seven  hundred  and  ninety 
patrolmen,  to  be  graded  as  provided  in  section  7451/2  of  this  Act. 
The  said  police  force  may  be  increased  at  any  time  if  in  the 
opinion  of  the  said  Board  the  public  peace  shall  so  require,  to 
any  number  and  for  such  periods  of  time  as  they  may  think 
proper  by  the  appointment  of  special  policemen,  who  shall  re- 
ceive the  sum  of  $2.50  per  day  for  their  services.  The  members 
of  the  police  force  shall  receive  the  following  salaries,  payable 
every  two  weeks:  The  marshal  of  police  shall  receive  thirty- 
four  hundred  dollars  per  annum ;  the  deputy  marshal  of  police, 
twenty-eight  hundred  dollars  per  annum;  the  captain  assigned 
to  have  charge  of  the  detectives'  office  shall  receive  fifty 
dollars  per  week,  and  all  other  captains  shall  each  receive  forty 
dollars  per  week ;  the  lieutenants  assigned  to  have  charge  of  the 
Bureau  of  Identification  shall  receive  thirty-five  dollars  per 
week ;  and  all  other  lieutenants  and  detectives  shall  each  receive 
thirty  dollars  per  week ;  each  round  sergeant,  twenty-five  dollars 
per  week ;  each  sergeant  twenty-two  dollars  per  week ;  except 
such  sergeants  as  may  be  now  or  hereafter  assigned  by  the  said 
Board  of  Police  Commissioners  of  Baltimore  City  to  do  clerical 
duty  at  Police  Headquarters  of  Baltimore  City,  and  the 
sergeant  assigned  to  duty  at  the  Juvenile  Court  of  Baltimore 
City,  not  exceeding  seven,  who  shall  each  receive  the  sum  of 
thirty  dollars  per  week ;  each  turnkey,  twenty  dollars  per  week ; 
each  patrolman,  twenty  dollars  per  week,  except  as  provided  in 
section  745l^  of  this  Act;  each  station-house  clerk  shall  receive 
twenty-two  dollars  per  week,  and  each  sigTial  and  telephone 
operator  shall  receive  sixteen  dollars  per  week ;  provided,  fur- 
ther, however,  that  whenever  it  may  be  deemed  necessary  by  the 
said  Board  to  assign  patrolmen  to  police  headquarters  for 
clerical  or  technical  duty,  such  patrolman  while  so  assigned 
shall  receive  in  the  discretion  of  the  said  Board  a  salary  of  not 
less  than  twenty  nor  more  than  twenty-two  dollars  per  week ; 
provided,  however,  that  nothing  herein  contained  shall  be  con- 
strued to  legislate  out  of  office  any  police  officer,  detective  or 
officer  of  police  now  on  the  force  or  any  clerk  or  any  appointee 
or  any  employee  of  the  Board  of  Police  Commissioners  of  Balti- 
more City. 

Keyser  v.  Upshur,  92  Md.  726.    Upshur  v.»Ward.  94  Md.  778.    Upshur 
V.  Hamilton,  95  Md.  566.     Cf.,  Baltimore  v.  Poultney.  25  Md.  32. 

Special  Aot  raising  salaries  of  certain  sergeants  held  repealed  by  later 
Act. 

Baltimore  v.  Davis,  120  Md.  403. 


1912,  ch.  847. 

745y2.  The  patrolmen  provided  for  in  section  745  of  this 
Act  shall  hereafter  be  appointed  by  the  Board  of  Police  Com- 
missioners in  the  maimer  following:  Said  patrolmen  shall  con- 
sist of  three  grades ;  all  patrolmen  who  shall  have  served  for  two 
years  or  more  on  said  force  shall  be  members  of  the  first  grade 
and  receive  the  salary  of  twenty  dollars  per  week  ;  all  patrolmen 
who  shall  have  served  on  said  force  less  than  two  years  and  more 
than  one  year  shall  be  members  of  the  second  grade  and  receive 
the  salary  of  seventeen  dollars  and  fifty  cents  per  week ;  all 
patrolmen  who  shall  have  served  on  the  said  force  for  less  than 
one  year  shall  be  members  of  the  third  grade  and  receive  the 
salary  of  fifteen  dollars  per  week.  Third  grade  patrolmen  shall 
be  entitled  to  be  advanced  to  the  second  grade  at  the  expiration 
of  the  first  year,  withont  competitive  examination,  if  they  shall 
have  performed  their  duties  satisfactory.  The  second  grade 
patrolmen  shall  be  entitled  to  be  advanced  at  the  expiration  of 
two  years  to  the  first  grade,  without  competitive  examination,  if 
their  services  in  the  second  grade  have  been  satisfactory.  Patrol- 
men of  the  third  and  second  grades  to  be  known  as  probation 
officers  and  they  shall  not  be  advanced  as  aforesaid  except  after 
examination  by  said  Board  of  Police  Commissioners  as  to  their 
records,  efficiency  and  conduct,  and  unless  they  are  certified  to 
said  Board  by  the  police  physicians  as  physically  qualified  to 
continue  to  discharge  the  duties  of  a  patrolman. 

1900,  ch.  10.    1902,  ch.  591. 

745A.  There  shall  be  appointed  by  the  Governor,  by  and 
with  the  advice  of  the  Senate,  three  sober  and  discreet  persons, 
who  shall  be  registered  voters  of  the  City  of  Baltimore,  for  three 
consecutive  years  next  preceding  the  day  of  their  appointment, 
who  shall  be  known  as  the  Board  of  Police  Examiners  of  Balti- 
more City.  Two  of  said  Examiners  shall  be  adherents  of  the 
two  leading  parties  in  the  State,  one  of  each  of  said  parties. 
Any  of  said  Board  of  Police  Examiners  shall  be  subject  to  re- 
moval by  the  Governor  for  official  misconduct  or  incompetency, 
in  the  manner  provided  by  law  in  case  of  other  civil  oflicers. 
Each  of  said  J^oard  of  Police  Examiners  shall  be  appointed  for 
two  years,  and  they  shall  hold  office  until  their  respective  suc- 
cessors are  appointed  and  qualified.  Each  of  said  Board  of 
Police  Examiners  shall  receive  a  salary  of  one  thousand  two 
hundred  dollars  per  annum,  payable  monthly.  None  of  said 
Board  of  Police  Examiners  shiill  be  eligible  to  an  elective  or 
appointive  office,  except  under  the  niilifia  laws  of  the  State:  as 


394 

the  term  of  any  Examiner  shall  expire  as  designated  above,  his 
successor  shall  be  appointed  for  two  years,  subject  to  the  fore- 
going provisions  and  limitations.  Before  entering  upon  the 
duties  of  his  office,  each  member  of  said  Board  of  Police 
Examiners  shall  take  and  subscribe  before  the  Judge  of  the 
Superior  Court  of  the  City  of  Baltimore,  or  the  Clerk  thereof, 
the  oath  or  affirmation  prescribed  by  the  sixth  section  of  the 
tirst  Article  of  the  Constitvition,  and  the  further  oath  or  affirma- 
tion that  in  every  nomination  to  the  Board  of  Police  Commis- 
sioners for  Baltimore  City  of  any  person  for  appointment  as 
police  officer,  officer  of  police  or  detective,  for  promotion,  they 
shall  in  no  case  and  under  no  pretext  make  such  nomination  for 
or  on  account  of  the  religion  or  political  opinions  or  affiliations 
of  the  person  nominated  by  them,  or  for  any  other  cause  or 
reason  than  the  fitness  of  such  person  in  the  best  judgment  of 
said  Board  of  Police  Examiners  for  the  place  to  which  he  shall 
be  nominated ;  and  said  oath  or  affirmation  shall  be  recorded  and 
preserved  among  the  records  of  said  Court. 

Keyser  v.  Upshur,  92  Md.  728.     Upshur  v.  Ward,  94  Md.  778.    Upshur 
V.  Hamilton,  65  Md.  561. 

1900,  ch.  16. 

745B.  The  said  Board  of  Police  Examiners  may  elect  one 
of  its  members  to  be  president,  and  may  employ  a  secretary, 
who  shall  hold  office  during  the  pleasure  of  the  Board.  The 
secretary  shall  receive  a  salary  of  $1,200  per  annum,  payable 
monthly,  and  his  duties  shall  be  such  as  may  be  prescribed  from 
time  to  time  by  said  Board  of  Police  Examiners. 

Keyser  v.  Upshur,  92  Md.  726. 

1900,  ch.   16. 

745C.  It  shall  be  the  duty  of  the  Mayor  and  City  Council  of 
Baltimore  to  cause  suitable  rooms  and  accommodations  to  be 
assigned  and  provided,  and  to  be  funiished,  heated  and  lighted, 
in  the  City  of  Baltimore  for  carrying  on  the  work  and  examina- 
tion of  the  said  Board  of  Police  Examiners;  and  said  Board 
may  order  the  necessary  stationery,  postage  stamps,  official  seals 
and  other  articles  to  be  supplied,  and  the  necessary  printing  to 
be  done  for  its  official  use. 

Keyser  v.  Upshur,  92  Md.  726. 

1900.  ch.  16.     1910,  ch.  517. 

745 n.  It  shall  be  the  duty  of  the  said  Board  of  Police 
Examiners,  and  they  are  hereby  authorized  and  empowered  to 


395 

prescribe,  amend  and  enforce  definite  and  uniform  rules  and 
regulations  for  carrying  this  Act  into  effect,  which  rules  and 
regulations,  when  adopted  and  promulgated,  shall  have  the  effect 
of  law,  and  to  ascertain  the  qualifications  by  competitive  exami- 
nation of  every  candidate  for  appointment  to  or  promotion  in 
the  police  force,  created  and  organized  under  existing  law  for 
the  City  of  Baltimore,  except  the  marshal  of  police  and  captain 
of  detectives,  counsel  and  police  surgeons,  and  to  report  to  the 
Board  of  Police  Commissioners  for  the  City  of  Baltimore 
graded  lists  of  those  persons  whom  they  deem  qualified  for  such 
appointment  or  promotion,  from  which  graded  lists  all  nomina- 
tions for  appointment  to  or  promotion  in  said  police  force  shall 
hereafter  be  made  by  said  Board  of  Police  Examiners  for  the 
City  of  Baltimore.  All  such  nominations  for  appointment  to  or 
promotion  in  said  police  force,  shall  be  made  in  the  order  in 
which  the  names  of  the  nominees  appear  upon  such  graded  lists, 
said  graded  lists  and  nominations  for  appointments  and  promo- 
tions in  the  said  police  force  so  as  aforesaid  furnished  and  made 
bv  the  Board  of  Police  Examiners  shall  last  and  be  in  effect  for 
one  year  from  the  date  the  said  graded  lists  and  nominations 
were  furnished,  and  made  as  herein  provided,  and  null  and  void 
after  the  expiration  of  twelve  months,  unless  said  graded  lists 
and  nominations  are  sooner  exhausted  by  appointment,  promo- 
tion or  rejection  by  the  Board  of  Police  Connnissioners ;  pro- 
vided that  the  persons  whose  names  shall  be  remaining  on  said 
gTaded  lists  or  in  nomination  at  the  expiration  of  the  year  as 
aforesaid,  shall  be  eligible  for  re-examination,  and  shall  have 
opportunity  to  secure  a  place  on  the  next  subsequent  graded  list, 
to  be  made  up  for  the  grade  or  position  to  which  he  was  eligible 
prior  to  the  expiration  of  the  graded  list  containing  his  name  as 
above  stated ;  and  provided,  however,  that  nothing  herein  con- 
tained shall  apply  to  the  graded  lists  already  before  said  Board 
of  Police  Commissioners,  but  that  the  graded  lists  and  nomina- 
tions for  the  grades  of  captain  and  lieutenant  heretofore  fur- 
nished and  made  shall  expire  on  December  thirty-first,  nineteen 
hundred  and  ten;  and  the  graded  lists  and  nominations  for  the 
grade  of  round  sergeant  on  June  thirtieth,  nineteen  liundred 
and  ten;  and  the  graded  lists  and  nominations  for  the  grade  of 
sergeant  on  September  thirtieth,  nineteen  hundred  and  ten;  and 
tlie  graded  lists  and  nominations  for  the  position  of  probationer 
on  March  thirty-first,  nineteen  hundred  and  (>leven.  In  tlie 
preparation  of  tlu;  gi-aded  list,  the  said  Board  of  Police  Examin- 
ers shall  ascertain  by  open  competitive  examinations  the  relative 
qualifications  of  the  respective  candidates  for  appointment  or 


promotion,  and  shall  place  the  names  of  the  accepted  candidates 
upon  said  graded  lists  in  the  order  of  their  relative  qualifica- 
tions, so  ascertained  by  such  competitive  examinations.  The 
examinations  shall  be  public  and  practical  in  character  and 
relate  to  those  matters  which  shall  fairly  test  the  relative 
capacity  and  fitness  of  the  persons  to  discharge  the  duties  of  the 
position  in  the  said  police  force  to  which  they  desire  appoint- 
ment or  in  which  they  seek  promotion,  including  their  past 
record  on  the  force.  The  graded  lists  shall  always  be  open  to 
the  inspection  of  the  public. 

Keyser  v.  Upshiu-,  92  Md.  729.     Upshur  v.  Ward,  94  Md.  781. 

1900,  ch.  16. 

745E.  Intending  competitors  for  appointment  to  said  police 
or  for  promotion  therein  shall  file  in  the  office  of  said  Board  of 
Police  Examiners,  a  reasonable  length  of  time  before  the  date  of 
any  examination,  a  formal  application,  in  which  the  applicant 
shall  state  under  oath : 

1st.     His  full  name  and  residence. 

2d.     His  age,  the  place  and  date  of  his  birth. 

3d.  His  health  and  physical  capacity  for  the  position  to 
which  he  aspires. 

4:th.  If  an  applicant  for  appointment,  his  business  or  em- 
ployment, and  residence  for  at  least  the  previous  three  years. 

oth.  Such  other  information  as  may  reasonably  be  required 
touching  the  applicant's  merit  and  fitness  for  service  on  or  pro- 
motion in  the  said  police  force. 

Blank  forms  for  such  applications  shall  be  furnished  by  the 
said  Board  of  Police  Examiners,  without  charge,  to  all  persons 
requesting  the  same.  The  applicant  shall  file  with  the  said 
Board  of  Police  Examiners,  in  connection  with  his  application, 
such  certificates  of  citizens,  physicians,  public  officers  or  others 
having  knowledge  of  the  applicant,  as  the  good  of  the  service 
may  require.  The  said  Board  of  Police  Examiners  shall  refuse 
to  examine  an  applicant,  or  after  an  examination  to  certify  an 
eligible  who  is  found  to  lack  any  of  the  established  preliminary 
requirements  for  the  examination  or  position  to  which  he  ap- 
plies ;  or  who  is  physically  so  disabled  as  to  be  rendered  unfit  for 
his  performance  of  the  duties  of  the  position  to  which  he  seeks 
appointment  or  promotion;  or  who  is  addicted  to  the  habitual 
use  of  intoxicating  beverages  to  excess ;  or  who  has  been  guilty 
of  a  crime  or  of  infamous  or  notoriously  disgraceful  conduct,  or 
who  has  been  dismissed  from  the  public  service  for  delinquency 
or  mii^fonduct.  or  who  has  intentionallv  made  a  false  statement 


397 

of  any  material  fact,  or  practiced,  or  attempted  to  practice,  any 
deception  or  fraud  in  liis  application,  in  his  examination,  or  in 
securing  his  eligibility  or  appointment. 

Keyser  v.  Upshur,  92  Md.  726.     Upshur  v.  Hamilton,  95  Md.  568. 

1900,  ch.  16. 

745F.  In  the  appointment,  promotion,  reduction  in  rank, 
transfer  or  removal  of  any  police  officer  or  officers  of  police,  or 
any  detective  by  the  Board  of  Police  Commissioners  for  the 
City  of  Baltimore,  and  in  their  administration  of  the  Police 
Department  of  Baltimore  City,  ecclesiastical  and  party  ties 
shall  not  be  regarded,  so  that  the  Police  Department  of  said  city 
may  be  entirely  out  of  the  field  of  political  and  religious  differ- 
ences, controversies  and  influences.  The  said  Board  of  Police 
Commissioners  for  the  City  of  Baltimore  shall  confirm  or  reject 
all  nominations  for  appointment  or  promotion  of  police  officers, 
officers  of  police  and  detectives  made  to  it,  hereinbefore  provided 
by  the  Board  of  Police  Examiners  of  the  City  of  Baltimore. 
The  said  Board  of  Police  Commissioners  shall  not  confirm  the 
nomination  or  make  the  appointment  or  promotion  of  any  police' 
officer,  officer  of  police  or  detective,  except  the  marshal  of  police 
and  captain  of  detectives,  counsel  and  surgeons,  whose  name 
does  not  appear  upon  the  graded  lists  to  be  furnished  said  Board 
of  Police  Commissioners  by  the  said  Board  of  Police  Examiners 
for  the  City  of  Baltimore.  All  police  officers,  officers  of  police 
and  detectives,  secretaries,  clerks  and  employees,  other  than 
counsel  and  police  surgeons,  of  the  Police  Department  of  Balti- 
more City  shall  be  retained  on  the  force  during  good  behavior 
and  efficiency  by  the  said  Board  of  Police  Commissioners  of 
the  City  of  Baltimore,  and  may  be  removed  by  the  said  Board  of 
Police  Commissioners  for  official  misconduct  or  inefficiency,  and 
then  only  after  vfritten  charges  preferred,  specifying  the  time, 
place  and  character  of  such  misconduct  and  inefficiency,  and 
trial  had  before  the  Board  of  Police  Commissioners,  after  rea- 
sonable notice  thereof. 

Keyser  v.  TJpshur.  92  Md.  729.  Upsliur  v.  Ward,  94  Md.  77S.  Upshur 
V.  Hamilton,  95  Md.  507. 

1908,  ch.  741. 

745G-.  TIk,"  detectives  ])rovided  for  in  section  745  of  this  sub- 
division of  this  Artichi  shall  b(^  appointed  ])y  the  Board  of  Police 
Commissioners  solely  from  the  uniform  force  below  the  grade 
of  round  sergeant  and  above  the  position  of  probationer;  detec- 
tives shall  have  a  grade  in  the  permanent  police  force  equal  to 


a98 

that  of  round  sergeant,  with  the  right  of  promotion  from  such 
grade  and  subject  to  reduction  therefrom  to  the  next  lower  grade 
in  the  same  manner  as  round  sergeants  upon  the  uniform  force ; 
the  said  detectives  shall  not  be  allowed  to  follow  any  other  busi- 
ness, or  profession,  but  shall  devote  their  entire  time  to  the  dis- 
charge of  their  duties  as  detectives ;  they  shall  be  selected  with- 
out competitive  examination  and  solely  on  account  of  their 
special  litness  and  qualification,  in  the  judgment  of  the  Board  of 
Police  Commissioners,  to  perform  detective  work;  provided, 
however,  that  the  Board  of  Police  Commissioners  shall  have  the 
power,  in  its  discretion,  to  transfer  from  the  detective  service 
and  return  to  the  grade  in  the  uniform  force  from  which  he  may 
have  been  selected,  any  member  of  the  force  so  as  aforesaid  ap- 
pointed a  detective^  who,  in  the  judgment  of  the  said  Board, 
after  reasonable  length  of  employment  in  the  detective  service, 
may  be  found  not  qualified  to  satisfactorily  discharge  the  duties 
of  a  detective,  and  when  so  transferred  and  returned,  such  mem- 
ber shall  only  be  entitled  to  receive  the  pay  of  the  grade  in  the 
uniform  force  to  which  he  may  be  transferred  and  returned. 

1912,  ch.  647. 

745H.  The  Board  of  Police  Commissioners  are  hereby  em- 
powered to  appoint,  in  their  discretion,  one  or  more  matrons  to 
the  police  force  of  Baltimore  City,  with  full  power  to  such 
matrons  to  act  as  conservators  of  the  peace,  perform  such  duties 
as  the  Board  may  prescribe  and  to  be  subject  in  all  respects  to 
such  rules  and  regulations  as  the  Board  of  Police  Commission- 
ers may  adopt,  and  the  said  Board  shall  have  the  power  to 
remove  any  matron  appointed  by  them  for  the  violation  of  any 
rule  or  regiilation  of  the  said  Board.  The  salary  of  a  matron  so 
appointed  under  the  authority  of  this  Act  shall  not  exceed  the 
sum  of  one  thousand  dollars  ($1,000)  per  annum,  to  be  paid  by 
the  Mayor  and  City  Council  of  Baltimore,  and  it  shall  be  in- 
cluded in  the  annual  estimate  of  expenses  by  said  Board  of 
Police  Commissioners,  certified  to  the  Mayor  and  City  Council 
of  Baltimore. 

1912,  ch.  647. 

7451.  That  not  more  than  five  matrons  shall  be  appointed 
under  authority  of  this  Act  for  police  duty. 

1912.  ch.  647. 

745J.  That  the  matrons  appointed  under  authority  of  this 
Act  shall  not  be  required  to  pass  examination  for  appointment 
•by  the  Board  of  Police  Examiners. 


399 

1874.  fh.  458.  P.  L.  L.,  (1888)  Art.  4,  sec.  727.  1906,  ch.  129.  1908.  ch. 

432.  1910,  ch.  471. 

746.  They  are  authorized,  empowered  and  directed  to  select 
some  suitable  person  to  act  as  secretary  to  the  ]\Iarshal  of  Police 
of  said  city,  at  a  salary  of  eighteen  hundred  dollars  per  annum, 
payable  monthly ;  and  the  said  secretary  upon  entering  upon  the 
duties  of  his  office  shall  enter  into  bond  to  the  State  of  Maryland 
in  the  penalty  of  two  thousand  dollars,  conditioned  for  the  faith- 
ful discharge  of  his  duties  as  such  secretary,  the  said  bond  to  be 
approved  by  the  said  Board  of  Police  Commissioners. 

Sec.  2  of  ch.  129,  Acts  1900,  reads  as  follows : 

Section  2.  Aiid  be  it  further  enacted,  That  all  laws  now  in  force  rela- 
ting to  the  Board  of  Police  Commissioners  of  the  City  of  Baltimore  not 
Included  in  this  Act  and  not  inconsistent  herewith  shall  be  and  they  are 
continued  in  force  aud  effect  until  changed  or  repealed  by  the  General 
Assembly  of  Maryland.  All  Acts  or  parts  of  Acts  inconsistent  with  this 
Act  are  hereby  repealed,  and  it  is  hereby  expressly  and  distinctly  under- 
stood and  declared  that  this  Act  in  no  manner,  shape  or  form  increases 
or  affects  the  pensions  of  the  retired  members  of  said  police  force  who 
were  retired  or  will  be  retired,  prior  to  January  1st,  1907,  but  that  they 
shall  continue  to  receive  the  same  amount  or  same  pension  they  received 
prior  to  the  said  1st  day  of  January  1907  and  no  more. 

P.  L.  L.,    (1860)   Art.  4,  .sec.  818.     1867,  ch.  307.     P.  L.  L.,    (1888)   Art. 

4,  sec.  728. 

747.  It  shall  be  their  duty  to  estimate  annually  what  sum  of 
money  will  be  necessary  for  each  current  fiscal  year  to  enable 
them  to  discharge  the  duty  imposed  on  them,  and  they  shall 
forthwith  certify  the  same  to  the  Mayor  and  City  Council  of 
Baltimore,  who  are  required  without  delay,  specifically  to  assess 
and  levy  such  amount  as  shall  be  sufficient  to  raise  the  same 
clear  of  all  expenses  and  discounts  upon  all  the  assessable  prop- 
erty in  the  City  of  Baltimore,  and  cause  the  same  to  be  collected 
as  all  other  city  taxes ;  and  it  is  made  the  duty  of  the  City  Col- 
lector of  Baltimore,  and  he  is  required  to  collect  said  tax,  to  be 
denominated  the  police  tax;  and  the  said  Board  of  Police  Com- 
missioners, upon  and  after  qualifying  as  such  arc  authorized  to 
make  requisitions  from  time  to  time  upon  the  Comptroller  of 
the  City  of  Baltimore,  or  other  proper  disbursing  officer  of  the 
corporation,  for  such  sums  of  money  as  they  may  from  time  to 
time  deem  necessary  for  the  purpose  of  carrying  out  the  objects 
and  intentions  of  this  sub-division  of  this  Article;  provided,  the 
same  shall  not  exceed  in  any  one  year  the  amount  so  as  aforesaid 
certified,  or  which  may  thereafter  be  certified  for  that  year,  to 
the  Mayor  and  City  Council  of  ]>a]timore  aforesaid  ;  and  in  case 
the   said    disbursing   officer    shall    not    fortliwitb    pjiv   over   tlio 


400 

amount  of  each  requisition  as  made,  it  shall  be  the  duty  of  the 
said  Board,  and  they  are  authorized  and  required  to  issue  certifi- 
cates of  indebtedness,  in  the  name  of  the  Mayor  and  City  Coun- 
cil of  Baltimore,  in  such  sum  as  they  may  deem  advisable  for 
the  amount  of  such  requisitions,  respectively,  bearing  interest  at 
six  per  cent,  per  annum,  payable  at  not  more  than  twelve  months 
after  date,  and  signed  by  a  majority  of  said  Board,  and  to  raise 
the  money  on  said  certificates  by  pledging  or  disposing  of  the 
same,  which  certificates  shall  be  receivable  at  par  in  payment 
of  city  taxes,  and  be  as  binding  on  said  corporation  and  as  recov- 
erable against  it  as  if  the  Mayor  and  City  Council  of  Baltimore 
had  themselves  issued  the  same ;  and  the  Mayor  and  City  Coun- 
cil of  Baltimore  shall  have  no  power  or  authority  to  levy  or 
collect  any  tax  or  appropriate  any  money  for  the  payment  of 
any  police  force  other  than  that  organized  and  employed  under 
this  sub-division  of  this  Article ;  and  no  ofiicer  or  other  employee 
of  the  said  Mayor  and  City  Council  of  Baltimore  shall  disburse 
any  money  therefor;  and  the  power  of  said  Mayor  and  City 
Council  to  levy  and  collect  taxes  and  appropriate  and  disburse 
money  for  the  payment  of  the  police  force  organized  and  em- 
ployed under  this  sub-division  of  this  Article  shall  be  exercised 
as  herein  directed,  and  not  otherwise ;  and  in  case  the  amount  so 
as  aforesaid  to  be  estimated  by  the  said  Board  shall  from  any 
cause  prove  insufiicient  for  the  necessary  expenses  for  the  cur- 
rent year,  the  said  Board  is  authorized  and  empowered  to  issue 
certificates  and  raise  money  therefrom,  as  hereinbefore  pro- 
vided, to  meet  the  said  exigency;  provided,  however,  that  no 
additional  issue  shall  exceed  the  sum  of  fifty  thousand  dollars  in 
any  one  year,  and  that  the  amount  thereof  shall  be  added  to  the 
estimate,  assessment  and  levy  for  the  year  next  ensuing,  and 
that  the  said  certificates  shall  not  be  made  payable  at  an  earliei- 
day  than  twelve  months  from  the  date  of  their  issue,  but  may  be 
receivable  in  payment  of  city  taxes  at  any  time  they  may  be  so 
presented. 

Mayor,  etc.  v.  Poultney  &  Trimble,  25  Md.  18. 

Mandamus  held  to  be  unnecessary  in  this  case  to  compel  the  city  to 
assess  and  levy  the  amount  required  by  the  Police  Department,  as  the 
Police  Board  has  the  authority  to  make  requests  from  time  to  time  upon 
the  City  Comptroller  for  their  needs.  (Construed  in  connection  with 
Section  36  of  the  Charter). 

McEvoy  V.   Baltimore;   125  Md.  — . 

The  Board  of  Police  Commissioners  are  not  subject  to  the  provisions 
•of  Section  14  of  the  Charter,  and  Section  36B  of  the  Charter. 
Thrift  V.  Ammidon,  125  Md.  . 


r 


401 

r.   L.  L.,   (I860)    Art.  4.  sec.  816.     1867.  ch.  :W7.     P.  L.  L.,    (1888)   Art. 

4,  sec.  729. 

748.     It  shall  be  the  duty  of  the  Sheriff  of  Baltimore  City, 
whenever  called  on  for  that  purpose  by  said  Board,  to  act  under 
their  control  for  the  preservation  of  the  public  peace  and  (]^uiet, 
and  if  ordered  by  them  to  do  so,  he  shall  summon  the  posse 
comitatus  for  that  purpose,  and  hold  and  employ  such  posse, 
subject  to  their  discretion  in  case  the  said  Board  shall  deem  it 
necessary;  they  shall  call  out  such  military  force,  lawfully  or- 
ganized or  existing  in  said  city,  as  they  may  see  fit,  to  aid  them 
in  preventing  threatened  disorder  or  opposition  to  the  laws,  or 
in  suppressing  insurrection,  riot  or  disorder,  on  election  days, 
and  at  all  other  times;  and  it  shall  be  the  duty  of  said  military 
force  so  called  out,  to  obey  such  orders  as  may  be  given  them  by 
said  Board;  whenever  the  exigency  or  circumstances  may  in 
their  judgment,  warrant  it,  the  said  Board  shall  have  the  power 
to  assume  the  control  and  command  of  all  conservators  of  the 
peace  in  the  City  of  Baltimore,  whether  sheriffs,  constables, 
police  or  others,  and  they  shall  act  under  the  orders  of  the  said 
Board,  and  not  otherwise ;  and  in  case  of  the  refusal  of  the  said 
sheriff',  or  any  policeman,  constable,  or  other  peace  officer  or 
persons,  to  obey  any  lawful  command  of  said  Board  under  the 
provisions  of  this  section,  they  shall,  respectively,  be  guilty  of  a 
misdemeanor  and  punishable  as  in  such  cases  made  and  pro- 
vided ;  and  any  officer  of  any  military  force  in  the  City  of  Balti- 
more, organized  under  any  law  now  existing,  or  which  may  here- 
inafter be  enacted  by  the  General  Assembly  of  this  State,  who, 
upon  being  called  on  by  the  said  Board  as  aforesaid,  shall  refuse 
or  wilfully  fail  to  call  out  the  force  under  his  command,  or  to 
obey  the  orders  of  the  said  Board,  or  to  enforce  by  all  lawftil 
means  the  performance  of  the  duties  to  said  force  assigned ;  and 
any  inferior  officer  or  private  who  shall  refuse  or  wilfully  fail 
to  obey  the  orders  of  his  superior  officer  in  such  behalf,  shall  be 
guilty  of  a  misdomeanor,  and  punishable  as  in  siicli  cases  made 
and  provided. 

1867.  ch.  .^>67.     P.  L.  T...   (1888)   Art.  4,  sec.  7.30. 

749.  WTienever  a  vacancy  shall  take  place  in  any  gi*ade  of 
officers  ("oxcopt  the  marshal  and  deputy  marshal),  it  sliall  bo 
tilled  from  the  next  lowest  grade,  if  competent  men  can  be  found 
therein;  the  Board  of  Police  Commissioners  are  authorized  to 
make  all  such  rules  and  regulations,  not  inconsistent  witli  this 
-<iib-di vision  of  this  Article,  as  they  may  judge  necessary  for  the 
appointment  aiu]  omployment.  iiiiifofining,  discipline,  trial  and 


402 

government  of  the  police  and  detectives,  and  for  tlie  relief  and 
compensation  of  the  members  of  the  police  injured  in  person  and 
property  in  the  discharge  of  their  duty,  and  the  families  of  men 
or  officers  killed  while  in  its  performance ;  provided,  that  the 
allowance  in  any  one  instance  shall  not  exceed  twelve  month's 
pay ;  said  Board  shall  have  power  to  require  of  any  policeman, 
officer  of  police  or  detective,  bond  with  sureties,  when  they  may 
consider  it  demanded  by  the  public  interest ;  all  lawful  rules  and 
regulations  of  the  Board  shall  be  obeyed  by  the  policemen  and 
detectives,  on  pain  of  dismissal  or  such  lighter  punishment  as 
may  be  prescribed  by  the  said  Board;  and  the  said  Board  shall 
have  power  to  suspend  from  duty,  fine  or  forfeit  the  pay  of  any 
officer  or  policeman,  or  suspend  any  rule  or  regulation  made 
and  adopted  by  them. 

P.  L.  L.,    (18G0)   Art.  4,  sec.  S14.     1867,  cli.  367.     P.  L.  L.,    (1888;    Art. 

4,  sec.  731. 

750.  ]SFo  officer  of  police,  policeman  or  detective  shall  be 
allowed  to  receive  any  money  as  a  gratuity  or  extra  compensation 
for  any  services  he  may  render,  without  the  consent  of  the  said 
Board ;  and  all  such  moneys  as  any  officer  of  police,  policeman 
and  detective  may  be  so  permitted  to  receive  shall  be  paid  over 
to  the  said  Board  and  together  with  the  proceeds  of  all  fines, 
forfeitures,  penalties  and  unclaimed  property  which  may  come 
into  the  possession  of  the  said  Board,  or  be  recovered  by  them 
under  the  provisions  of  this  sub-division  of  this  Article,  or  any 
other  law,  shall  form  a  fund  which  the  Board  may  apply  towards 
the  allowances  of  officers  of  police,  policemen  and  detectives  and 
their  families,  as  hereinbefore  authorized,  and  for  extra  pay  to 
such  members  of  the  force  as  by  gallantry  and  good  conduct  on 
extraordinary  occasions  they  may  be  judged  to  merit;  and  any 
officer  of  police,  policeman  or  detective  who  shall  directly  or 
indirectly  in  violation  of  this  section,  receive  any  moneys  as  a 
gratuity  or  extra  compensation,  and  shall  fail  to  deliver  the  same 
to  the  Board  for  the  purposes,  hereinbefore  provided,  and  shall 
apply  the  same  to  his  own  use,  shall  be  forthwith  dismissed,  and 
be  forever  after  ineligible  to  any  position  in  the  force, 

P.  L.  L.,  (1860)  Art.  4,  sec.  821.     1874,  ch.  146.     P.  L.  L.,   (1888)  Art.  4, 

sec.  732. 

751|.  The  Board  of  Police  Commissioners  shall  cause  to  be 
kept  by  their  secretary,  a  full  report  of  their  proceedings,  and 
also  cause  all  their  receipts  and  disbursements  of  money  to  be 
faithfully  entered  in  books  to  be  provided  for  that  purpose;  and 


403 

said  books,  journals  and  all  other  documents  in  the  possession  of 
said  Board,  shall  always  be  open  to  inspection  by  the  General 
Assembly,  or  any  committee  appointed  by  it  for  that  purpose; 
and  it  shall  be  the  duty  of  the  said  Board  to  report  to  the  Gen- 
eral Assembly  at  each  regular  session,  or  as  may  hereafter  be 
directed  by  said  General  Assembly,  the  number  and  expense 
of  the  police  force  employed  by  them  under  this  sub-division  of 
this  Article,  and  all  such  other  matters  as  may  be  of  public 
interest  in  connection  with  the  duties  assigned  to  them;  and 
said  books,  journals  and  other  documents,  and  the  vouchers  for 
all  payments  by  said  Board  of  Police  Commissioners  shall  at  all 
times  be  open  to  the  inspection  of  the  Mayor  and  City  Eegister, 
or  either  of  them ;  and  it  shall  be  the  duty  of  the  Comptroller 
of  the  City  of  Baltimore  to  examine  all  bills  and  accounts  pre- 
sented by  said  Board  of  Police  Commissioners  and  the  vouchers 
therefor. 

1910,  ch.  230. 

751a.  That  the  Board  of  Police  Commissioners  for  Balti- 
more City  be  and  they  are  hereby  authorized  and  required  to 
report  to  the  Governor  annually,  in  the  month  of  January,  the 
number  and  expense  of  the  police  force  employed  by  them 
under  this  sub-division  of  this  Article,  and  all  such  other  mat- 
ters as  may  be  of  public  interest  in  connection  with  the  duties 
assigned  to  them,  instead  of  to  the  General  Assembly  as  pro- 
vided by  section  751  of  Article  4  of  the  Public  Local  Laws  of 
Maryland,  entitled  ''City  of  Baltimore,"  sub-title  'Tolice  Com- 
missioners." 

1S67,  ch.  367.     V.  I..  L.,   (1888)  Art.  4,  sec.  733. 

752.  The  treasurer  of  the  Board  of  Police  Commissioners, 
before  entering  upon  the  duties  of  his  office  as  such  treasurer, 
shall,  in  addition  to  the  bond  given  as  Commissioner,  enter 
into  bond  to  the  State  of  Maryland,  with  one  or  more  sureties, 
in  the  penalty  of  ten  thousand  dollars,  conditioned  for  the  faith- 
ful discharge  of  the  duties  imposed  upon  him  as  treasurer,  and 
the  faithful  application  and  pa\Tnent  ovei-,  pursuant  to  the 
order  and  direction  of  the  said  Board,  of  all  moneys  which  may 
come  into  his  hands  as  such  treasurer;  and  shall,  every  six 
months,  on  the  first  day  of  January  and  July,  in  each  and  every 
year  during  his  continuance  in  office,  render  to  his  associates 
in  said  Board,  a  true  and  faithful  account  of  the  receipts  and 
disbnrsements  of  all  moneys  received  and  disbursed  by  him 
hv  order  of  tho  said    r-*>o;ird.  witb   tlie  vouchers  thereof  dnrinrr 


404 

said  period,  which  accounts  shall  be  verilied  by  the  affidavit 
of  said  treasurer ;  and  the  said  Board  shall  thereupon  examine 
said  account,  and  if  they  find  the  same  to  be  correct,  they  shall 
certify  said  account,  and  forward  the  same  to  the  Governor  of 
the  State,  to  be  tiled  in  the  office  of  the  Secretary  of  State;  the 
said  Board  shall  retain  a  copy  thereof,  with  their  certificate  at- 
tached, to  be  filed  among  the  papers  of  their  office. 

1867,  ch.  307.     1'.  L.  L.,   (1888)   Art.  4,  sec.  734. 

753.  The  said  Board  of  Police  Commissioners  are  authorized 
and  empowered,  whenever  in  their  judgment  the  public  peace 
and  tranquility  may  require,  to  order  the  closing  temporarily 
of  any  and  all  bar  rooms,  bars,  drinking  houses  and  liquor  shops, 
and  all  other  places  where  liquor  is  usually  sold  in  the  City 
of  Baltimore,  and  forbid  the  selling  and  furnishing  of  liquor 
thereat ;  and  any  proprietor  or  keeper,  or  any  other  person  for 
such  proprietor  or  keeper,  of  any  such  drinking  house,  place  or 
places,  as  well  as  all  other  places  where  liquor  is  usually  sold, 
who  shall  refuse  or  fail  to  obey  such  order  of  said  Board  of 
Police  Commissioners  passed  in  pursuance  thereof,  or  who  si] all 
sell  or  furnish  liquor  from  any  such  place  or  places,  during 
such  period  as  said  Board  shall  so  forbid,  shall  be  guilty  of  a 
misdemeanor ;  and  it  shall  be  the  duty  of  each  and  every  officer 
of  police,  policeman  and  detective,  who  may  be  cognizant  of 
any  violation  of  this  section,  to  report  the  same  to  the  Qrand 
Jury  of  the  City  of  Baltimore,  if  in  session,  and  if  not  in  ses- 
sion, then  to  the  next  Grand  Jury  that  may  be  summoned  for 
said  city;  and  every  officer  of  police,  policeman  and  detective 
who  shall  wilfully  fail  to  make  such  report  shall  be  forthwith 
dismissed  from  his  position,  and  shall  be  forever  after  ineligible 
to  any  position  in  the  police 

state  V.  Strauss.  49  Md.  288. 

1867,  ch.  367.     P.  L.  L.,  (1888)  Art.  4,  see.  735. 

754.  They  are  authorized  and  empowered  to  take  posses- 
sion of  air  property  heretofore  by  law  assigned  to  the  former 
Board  of  Police,  and  to  have  and  use  a  common  seal ;  they  mav 
divide  the  city  into  such  number  of  police  districts  as  they 
may  think  necessary  for  the  public  good ;  and  if  found  practi- 
cable, in  addition  to  the  station  houses  and  property  attached 
thereto,  which  they  are  authorized  and  empowered  to  take  pos- 
session of  and  use,  they  may  provide  additional  station  houses, 
Avith  all  necessary  appurtenances,  as  may  be  found  needful  and 
necessary,  and  such  accommodations  as  may  be  requisite  for  the 


405 

police  force ;  said  board  shall  also  have  the  use  of  the  fire-alarm 
and  police  telegTaph  in  the  City  of  Baltimore,  and  of  all  sta- 
tion houses,  watch-boxes,  arms,  accoutrements  and  other  accom- 
modations and  property  provided  by  the  City  of  Baltimore  for 
the  use  and  service  of  the  police  heretofore  created  by  any  act 
of  the  corporation  of  said  city,  as  fully  and  to  the  same  extent 
as  if  the  same  had  been  provided  for  the  use  of  the  Board 
created  by  this  sub-division  of  this  Article. 

1867,  ch.  367.     P.  L.  L.,  (1888)  Art.  4,  sec.  736. 

755.  It  shall  be  the  duty  of  every  officer  of  police,  and  every 
policeman  and  detective,  to  report  to  the  Board,  and  deliver  to 
them  all  property  seized  or  found  by  said  officer  of  police,  police- 
man or  detective,  immediately  after  the  same  shall  have  come 
into  their  possession,  which  property,  with  the  date  of  delivery 
and  description  of  the  same,  and  the  name  of  the  officer,  police- 
man or  detective  depositing  the  same,  shall  be  entered  in  a  book 
by  the  secretary,  to  be  provided  for  that  purpose ;  said  secretary 
shall  have  the  custody  of  all  such  property,  and  shall  be  held 
responsible  for  the  safe  delivery  of  the  same  to  the  claimants, 
when  ordered  to  do  so  in  writing  by  the  said  Board,  wliich 
order  shall  be  his  voucher ;  and  any  officer,  policeman  or  detec- 
tive who  shall  fail  or  refuse  for  a  period  of  twenty-four  hours  to 
deposit  all  such  property  as  aforesaid,  shall  be  subject  to  re- 
moval by  the  said  Board ;  and  every  officer,  policeman  ol*  detec- 
tive who  shall  wilfully  refuse  to  return  all  such  property  as 
aforesaid,  or  shall  return  the  same  to  any  claimant,  shall  be 
forthwith  dismissed  from  office. 

Upshur  V.  Mayor,  94  Md.  743. 

1886,  ch.  459.    1888,  ch.  306.    P.  L.  L.,  (1888)  Art.  4,  sec.  756.     1898,  ch. 
494.     1900,  ch.  233.     1902,  ch.  81.     1910,  ch.  391.     1912,  ch.  189. 

756.  In  addition  to  the  sums  of  money  now  authorized  by 
law  to  be  paid  out  of  the  fund  in  the  hands  of  the  Board  of 
Police  Commissioners  of  Baltimore  City  and  known  and  ac- 
counted for  as  a  special  fund,  the  said  Board  of  Police  Com- 
missioners are  empowered  whenever,  in  their  opinion,  the 
efficiency  of  the  service  may  require  it,  to  retire  any  oHiccr  of 
police,  policeman,  detective,  clerk  or  turnkey  appointed  by  them 
and  pay  him  in  monthly  instalments  out  of  said  special  fund  for 
life  a  sum  of  money  equal  to  one-half  of  the  amount  of  money 
monthly  paid  to  such  officer  of  police,  policeman,  detective, 
clerk  or  turnkey  as  provided  by  law;  provided,  however,  he  sliall 
have  served  faitlifullv  not  less  than  twentv  vears  as  such  officer 


40  f) 

of  police,  policeman,  detective,  clerk  or  turnkey,  or  shall  have 
been  permanently  disabled  in  the  discharge  of  his  duty  as  such 
officer  of  police,  policeman,  detective,  clerk  or  turnkey;  and 
the  said  Board  of  Police  Commissioners  shall  in  all  cases  before 
making  such  retirement  procure  and  file  away  among  their  rec- 
ords a  certificate  signed  by  a  majority  of  the  police  physicians 
of  Baltimore  City  that  the  person  proposed  to  be  retired  has 
been  thoroughly  examined  by  them,  and  that  he  is  incapable  of 
performing  active  duty ;  and  it  shall  be  the  duty  of  such  ofiicer 
of  police,  policeman,  detective,  clerk  or  turnkey  so  retired  to 
perform  such  police  duties  and  at  such  times  as  the  said  Board 
of  Police  Commissioners  shall  deem  proper,  said  terms  of  ser- 
vice not  to  exceed  seven  days  during  any  year,  and  for  such  ser- 
vices no  extra  compensation  shall  be  allowed  by  said  Board ; 
and  the  said  Board  shall  have  the  power  in  their  discretion 
to  suspend  payment  to  any  such  ofiicer  of  police,  policeman,  de- 
tective, clerk  or  turnkey  for  a  term  not  to  exceed  three  months 
for  the  first  oftense ;  for  the  second  offense,  for  a  term  not  to 
exceed  six  months,  and  for  the  third  offense,  any  ofiicer  of 
police,  policeman,  detective,  clerk  or  turnkey  shall  be  subject  to 
dismissal  upon  proof  given  that  the  said  officer  of  police,  police- 
man, detective,  clerk  or  turnkey  is  or  has  been,  in  the  judg- 
ment of  the  said  Board,  living  an  improper  or  immoral  life. 
Provided,  however,  that  the  provisions  of  this  section  with  ref- 
erence "to  the  retirement  of  officers  of  police,  policemen,  detec- 
tives, clerks  and  turnkevs  after  service  of  not  less  than  twentv 
vears  shall  not  apply  to  officers  of  police,  policemen,  detectives, 
clerks  and  turnkeys  now  on  the  force  or  in  the  employ  of  the 
Police  Department,  but  only  to  such  as  may  hereafter  be  ap- 
pointed, and  that  all  officers  of  police,  policemen,  detectives, 
clerks  and  turnkeys  now  on  the  force  or  in  the  employ  of  the 
Police  Department  may  be  retired  after  faithful  service  for  six- 
teen years  in  the  same  manner  as  before  the  passage  of  this  Act. 
Construing  this  section  in  connection  with  section  756,  P.  L.  L.,  (1888) 
Art.  4,  it  woulfl  appear  that  this  section  should  follow  section  776,  post, 
such  being  the  arrangement  in  Art.  4,  aforesaid. 

1912,  ch.  189. 
756A.  The  Board  of  Police  Commissioners  of  the  City  of 
Baltimore  are  empowered  whenever  in  their  judgment  the 
efficiency  of  the  service  may  require  it,  to  retire  any  officer  of 
police,  policeman,  detective,  clerk  or  turnkey  appointed  by 
them  who  may  be  ineligible  in  the  way  of  length  of  service  to 
retirement  on  pay  for  life  under  the  requirements  of  section  756 
■of  this  sub-division  of  this  Article,  but  who  has  served  faith- 


407 

fully  and  become  permanently  incapacitated  for  active  duty 
and  to  pay  such  officer  of  police,  policeman,  detective,  clerk  or 
turnkey  retired  as  in  this  section  provided,  out  of  the  fund  in  its 
hands  known  and  accounted  for  as  the  Special  Fund,  a  sum  of 
money  not  to  exceed  one  year's  salary  allowed  to  him  by  law 
at  the  time  of  his  said  retirement,  provided  the  said  Board  shall 
in  all  cases  before  making  such  retirement  procure  and  file 
amone-  their  records  a  certificate  of  a  majority  of  the  police 
physicians  of  Baltimore  City  that  the  person  proposed  to  he 
retired  has  been  thoroughly  examined  by  them,  and  that  he  is 
incapable  of  performing  active  duty. 

1867,  ch.  367.     P.  L.  L.,   (1888)  Art.  4,  sec.  738. 

757.  Xo  Marshal  of  Police,  or  any  of  the  captains  of  any 
of  the  districts  or  station-houses,  or  any  one  acting  for  or  under 
them,  or  any  of  them,  shall  release  any  persons  committed  or 
confined  in  any  of  the  station-houses  for  any  felony  or  mis- 
demeanor, but  all  such  persons  shall  be  released  only  on  the 
order  of  the  committing  Justice,  the  Judge  of  the  Criminal 
Court,  or  one  of  the  members  of  the  Board,  or  other  lawful  pro- 

cess. 

Bi-isli  V.  Carter,  98  Md.  452. 

1867,  ch.  .367.     P.  L.  L.,   (1888)  Art.  4,  sec.  739. 

758.  The  said  Board  of  Police  Commissioners  are  required 
on  the  requisition  of  the  Board  of  Park  Commissioners,  to  de- 
tail from  time  to  time  such  number  of  the  regular  police  force  of 
said  city  as  the  said  Board  may  deem  necessary  for  the  preser- 
vation of  order  within  any  parks  under  their  control,  which  de- 
tailed force  shall  have  the  same  power  in  the  premises  that  the 
police  force  of  the  city  have,  as  conservators  of  the  peace. 

Upshur  V.  Mayor,  94  Md.  747. 

P.  L.  L.,    (1860)   Art.  4,  sec.  822.     1867.  ch.  367.     P.  L.  L.,    (1888)   Art. 

4,  sec.  740. 

759.  Nothing  in  this  sub-division  of  this  Article  shall  be 
so  construed  as  to  destroy  or  diminish  the  liability  or  responsi- 
bility of  the  Mayor  and  City  Council  of  Baltimore  for  any 
failure  to  discharge  the  duties  and  obligations  of  said  Mayor 
and  City  Council  of  Baltimore,  or  any  of  them,  or  give  the  said 
Mayor  and  Council  of  Baltimore  any  control  over  said  Board  or 
any  officer  of  police,  policeman  or  detective  appointed  thereby. 

P.altimoro  v.  Poultney.  2r>  Md.  31.  Altvator  v.  Mayor,  31  Md.  4(52. 
I'lyiiii  V.  Canton  Co.,  40  Md.  312.  Sinchiir  v.  Mayor,  .59  Md.  592.  Up.shm- 
V.  Mayor,  &(-..  94  Md.  74:',. 


408 

1898,  ch.  474. 

759a.  No  member  of  the  police  force  provided  for  by  this 
Article  and  sub-title  shall  be  by  the  said  Board  of  Police  Com- 
missioners employed  or  be  permitted  to  be  employed,  to  do  or 
perform  for  the  said  Board,  or  the  Mayor  and  City  Council  of 
Baltimore,  any  mechanical  work  or  labor  other  than  the  work 
or  labor  required  of  the  members  of  said  police  force  by  the  pro- 
visions of  this  Article  and  sub-title  relating  to  police  duties. 
The  purpose  and  object  of  this  section  is  to  prevent  patrolmen 
and  other  members  of  said  police  ^force  from  being  taken  from 
the  performance  of  police  duty,  as  prescribed  by  this  Article 
and  sub-title  and  made  to  perform  the  work  and  labor  of  car- 
penters, bricklayers  and  similar  mechanical  work  and  labor. 

1867,  ch.  367.     1892,  ch.  536.     P.  L.  L.,   (1888)   Art.  4,  sec.  741. 

760.  All  persons  arrested  in  the  day-time  under  the  provi- 
sions of  this  sub-division  of  this  Article  shall  be  taken  by  the 
officer  making  the  arrest  immediately  before  the  nearest  Police 
Justice  for  examination,  except  that  all  females  and  male  chil- 
dren under  fourteen  years  of  age  who  may  be  arrested  or  taken 
into  custody  shall  be  taken  before  the  nearest  Police  Justice 
for  examination  when  there  shall  be  matrons  at  the  station-house 
as  hereinafter  provided. 

Brish  V.  Carter,  98  Md.  451. 

761.  Repealed  by  Act  of  1912,  Chapter  777. 

r.  L.  L.,    (1888)   Art.  4,  sec.  742 A.     1890,  ch.  534.     1910,  ch.  669.     1912. 

ch.  777. 

762.  Any  person  in  the  City  of  Baltimore  who  shall  wear  or 
<;arry  any  pistol,  dirk  knife,  bowie  knife,  slingshot,  billy,  sand- 
bag, metal  knuckles,  razor  or  other  dangerous  or  deadly  weap- 
ons of  any  kind  whatsoever,  concealed  upon  or  about  his  per- 
son, or  any  person,  who  shall  carry  or  wear  such  weapon  openly, 
with  the  intention  or  purpose  of  injuring  any  person,  shall,  upon 
conviction  thereof,  be  punished  by  a  fine  of  not  more  than  $100, 
or  imprisonment  of  not  more  than  six  months  in  jail  or  in  the 
House  of  Correction,  or  by  both  such  fine  and  imprisonment, 
in  the  discretion  of  the  Justice  of  the  Peace,  before  whom  the 
said  person  may  be  tried,  or  in  the  discretion  of  the  Judge  of 
the  Criminal  Court  of  Baltimore  as  the  case  may  be.  This  sec- 
tion shall  not  apply  to  any  conservator  of  the  peace  entitled  or 
required  to  carry  any  such  weapon  as  part  of  his  official  equip- 
ment or  be  construed  to  prohibit  the  carrying  or  wearing  of 


401) 

penknives,  nor  to  punish  any  person  carrving  any  weapon  as  a 
reasonable  precaution  against  danger;  but  the  Justice  or  the 
Court  before  whom  such  case  may  be  tried,  shall  in  each  case 
have  the  right  to  judge  of  the  reasonableness  of  the  carrying 
of  such  weapon  and  of  the  proper  occasion  therefor ;  nor  shall 
this  section  release  or  discharge  any  person  or  persons  already 
offending,  against  the  laws  in  such  case  made  and  provided ;  but 
such  person  or  persons  may  be  proceeded  against,  prosecuted  and 
punished  under  the  laws  of  this  State  as  if  this  section  had  not 
been   passed. 

1882.  ch.  34.     1888,  ch.  303.     1892.  ch.  309.     1900,  ch.  421.     1904,  ch.  186. 
P.  L.  L.,    (1888)   Art.  4,  sec.  743. 

763..  The  said  Board  of  Police  Commissioners  are  auth- 
orized, empowered  and  directed  to  grant  leave  of  absence,  with 
pay,  for  a  period  of  thirty  days  for  each  consecutive  year  of 
service  to  each  of  the  officers  of  police,  policemen  and  detec- 
tives of  the  regular  force  employed  by  the  said  Board ;  nor 
shall  any  enforced  absence,  with  leave,  on  account  of  sickness 
or  death  be  deducted  from  the  pay  of  any  such  officer  of  police, 
policemen  or  detective,  or  from  their  thirty  days  leave  as  here- 
in provided  for. 

1892,  ch.  309.    P.  L.  L.,  (1888)  Art.  4,  sec.  743A. 

764.  The  Board  of  Police  Commissioners  are  hereby  auth- 
orized and  empowered  to  appoint  and  employ,  in  addition  to 
the  number  now  authorized  by  law,  fifteen  additional  proba- 
tion officers,  said  officers  so  appointed  to  hold  their  places  and 
receive  their  pay  under  the  provisions  of  law  now  in  force  and 
applicable  to  probation  officers. 

MATRONS  AT  THE  STATION  HOUSES. 

1884.   ch.   225.     1892,  eh.  536.     1900,   ch.   533.     P.   L.   L.,    (1888)    Art.   4, 

sec.  744. 

765.  The  Board  of  Police  Commissioners  of  Baltimore  shall 
appoint  two  suitable  women  as  matrons  at  each  of  the  station- 
houses  in  said  city,  one  for  day  and  the  other  for  night  service 
and  one  suitable  woman  as  superintendent  of  matrons  for  Balti- 
more  City,  and  two  additional  suitable  women  as  substitute 
matrons,  and  shall  provide  a  furnished  room  at  each  of  said 
station-houses  for  them. 

1884.  ch.  225.     1892,  ch.  536.     1900,  ch.  5.33.     P.  L.  L.,    (1888)    Art.  4, 

sec.  745. 

766.  No  woman  shall  be  appointed  as  a  matron  or  superin- 


410 

tendent  of  matrons  or  substitute  matron  as  aforesaid  by  the 
Board  unless  she  shall  be  recommended  to  said  Board,  within 
three  months  preceding  her  appointment,  by  at  least  twenty 
women  in  good  standing  in  said  city  in  writing,  as  a  suitable 
person  for  the  position,  and  the  said  matrons  and  superinten- 
dent of  matrons  and  substitute  matrons  shall  be  appointed  to 
sen-e  for  four  years,  subject  to  removal  for  cause  after  a  hear- 
ing by  the  said  Board,  which  is  hereby  vested  with  jurisdiction 
in  the  premises ;  provided,  however,  that  said  substitute  matrons 
shall  perform  the  duties  of  matrons  when  called  upon  by  said 
Board  in  the  absence  or  disability  of  any  of  said  matrons,  or  as 
necessity  for  their  services  may  arise  and  shall  only  receive  pay 
during  the  time  of  actual  service  rendered  by  them. 

1884.  ch.  225.     1S92,  ch.  536.     1900,  ch.  533.     P.  L.  L.,    (1888)    Art.  4, 

sec.  746. 

767.  The  duties  of  each  matron  shall  be  to  give  such  care 
and  advice,  and  to  perform  such  other  police  duties  as  may  be 
requisite  and  proper,  to  the  female  persons,  male  children  under 
fourteen  years  of  age,  and  refugees  in  the  station-house  for 
which  said  matrons  shall  have  been  appointed  or  assigned ;  and 
the  duties  of  the  superintendent  of  matrons  shall  be  to  visit  each 
of  the  police  station-houses  twice  each  week,  and  to  give  assist- 
ance to  the  matrons  in  the  performance  of  their  duties,  and  to 
make  such  recommendations  from  time  to  time  to  the  Board  of 
Police  Commissioners  as  may  promote  the  efficiency  and  proper 
performance  of  the  duties  of  the  matron. 

1884.  ch.  225.  P.  L.  L.,  (1888)  Art.  4,  sec.  747.  1892,  ch.  536.  1900,  ch. 
.5.33.  1902.  ch.  492.  1908,  ch.  173.  1914,  ch.  757. 

768.  Each  of  said  matrons,  and  substitute  matrons  when  em- 
ployed shall  receive  a  salary  of  twenty  dollars  per  week,  and 
the  Superintendent  of  Matrons  a  salary  of  twenty-five  dollars 
per  week,  to  be  paid  by  the  Mayor  and  City  Council  of  Balti- 
more, and  it  shall  be  included  in  the  annual  estimate  of  ex- 
penses by  said  Board  of  Police  Commissioners,  certified  to  the 
Mayor  and  City  Council  of  Baltimore. 

1912,  ch.  59. 

768A.  The  Board  of  Police  Commissioners  for  the  City  of 
Baltimore  are  hereby  authorized  to  employ  such  number  of 
women  as  charwomen  for  the  several  station-houses  in  the  City 
of  Baltimore  as  may  in  the  judgment  of  said  Board  of  Police 
Commissioners  be  necessary  to  care  for  the  said  station-houses ; 
and  the  said  charwomen  and  substitute  charwomen  so  employed 


411 

shall,  beginning  with  the  first  of  January,  1913,  each  receive  a 
salary  of  ten  dollars  a  week,  payable  at  such  regular  periods  as 
the  Board  of  Police  Commissioners  may  prescribe,  not  less  than 
twice  a  month,  said  salary  to  be  paid  by  the  Mayor  and  City 
Council  of  Baltimore  and  to  be  included  in  the  annual  estimate 
of  expenses  by  said  Board  of  Police  Commissioners,  certified  to 
the  Mayor  and  City  Council  of  Baltimore. 

MILITIA. 

1870,  ch.  182.     P.  L.  L.,  (1888)  Art.  4,  sec.  748. 

769.  Whenever  the  Board  of  Police  Commissioners  for  the 
City  of  Baltimore,  or  the  Sherift'  of  any  county,  shall  call  out 
any  portion  of  the  militia  to  aid  in  preventing  threatened  disor- 
der or  opposition  to  the  laws,  or  in  suppressing  riot  or  disorder 
on  election  days,  or  at  any  other  times,  said  military  force  shall 
be  deemed  to  be  on  detached  service  while  under  the  orders  of 
the  said  Board  or  Sheriff;  and  the  commanding  oificer  thereof 
shall  not  be  subject  to  the  orders  of  any  superior  oificer  what- 
soever, except  the  commander-in-chief. 

PATROL  WAGONS. 

1886,  ch.  459.     P.  L.  L.,  (1888)  Art.  4,  sec.  749. 

770.  The  said  Board  of  Police  Commissioners  are  auth- 
orized and  directed  to  construct,  equip  and  maintain  a  tele- 
phone alarm  and  patrol  wagon  service,  with  all  necessaries,  ap- 
pliances and  laborers;  provided,  however,  the  expenditures 
therefor  will  not  impair  the  special  fund  mentioned  in  sections 
57G  and  777  of  this  Article,  so  as  to  prevent  its  suificient  ap- 
plication to  the  purposes  provided  for  in  said  sections. 

PHYSICIANS  TO  THE  POLICE  FORCE. 

1888,  ch.  150.    1904,  ch.  030.     P.  L.  L.,  (1888)  Art.  4,  sec.  750. 

771.  The  said  Board  of  Police  Commissioners  for  the  City 
of  Baltimore  are  authorized  to  appoint  and  commission  biennial- 
ly five  physicians  of  integrity  and  capacity,  residents  of  Balti- 
more City,  and  who  shall  have  practiced  medicine  therein  for  at 
least  three  years,  next  preceding  the  date  of  their  commission, 
to  act  as  physicians  of  the  Police  Department  of  said  city,  under 
such  rules  and  regulations  as  the  said  Board  may  from  time  to 
time  prescribe  for  their  conduct ;  one  of  the  said  physicians  shall 
be  designated  by  the  said  Board  as  the  chief  physician. 


412 

1888,  ch.  150.     P.  I..  li..  (1888)  Art.  4,  sec.  751. 

772.  The  duties  of  the  said  physicians  shall  be  to  examine 
thoroughly  all  applicants  for  position  in  the  police  force  of  Bal- 
timore City  and  to  test  their  entire  fitness  in  every  respect  for 
such  position ;  to  visit  all  policemen,  turnkeys,  detectives,  officers 
of  police  and  clerks  of  said  force,  who  may  be  returned  as  sick, 
and  to  report  their  condition  to  the  said  Board,  to  visit  and 
professionally  attend  any  and  all  of  the  said  persons  who  may 
be  injured  or  disabled  in  the  performance  of  their  duties  as 
members  of  the  said  force;  to  thoroughly  examine  and  report 
to  the  said  Board  the  physical  condition  of  each  and  every  mem- 
ber of  said  force,  who  may,  upon  his  own  application,  or  who 
the  said  Board  may  think  shoidd  be  retired  from  the  said  force 
and  be  pensioned  under  this  sub-division  of  this  Article  and  to 
perform  all  such  other  and  further  professional  duties  in  con- 
nection with  the  said  department  and  force  as  the  said  Board 
may  from  time  to  time  deem  necessary  and  prescribe  for  them. 

1888,  ch.  150.     1904,  ch.  630.    P.  L.  L.,  (1888)  Art.  4,  sec.  752. 

773.  The  salary  of  the  said  chief  physician  shall  be  fifteen 
hundred  dollars  per  annum,  payable  monthly ;  and  the  salary 
of  each  of  the  other  said  physicians  shall  be  one  thousand  dol- 
lars per  annum,  payable  monthly;  but  the  tenure  of  office  of 
the  said  chief  physician  and  each  of  the  other  of  said  physicians 
shall  be  determinable  within  the  term  for  which  he  or  they  were 
appointed  by  a  majority  of  the  said  Board,  and  in  their  ex- 
clusive discretion;  and  the  said  chief  physician  and  each  of 
the  other  of  said  physicians  shall  be  compensated  only  up  to  the 
time  of  such  determination  at  the  rate  of  his  or  their  salary 
aforesaid. 

1912,  ch.  733. 

773A.  That  the  Board  of  Police  Commissioners  for  the  Cit^- 
of  Baltimore  shall  appoint  and  commission  biennially  two  men 
and  two  women  physicians  of  integrity  and  capacity,  residents 
of  Baltimore  City,  and  who  shall  have  practiced  medicine  there- 
in for  at  least  three  years  next  preceding  the  date  of  their  com- 
missions, whose  duties  shall  be  to  attend  at  the  various  station- 
houses  in  the  City  of  Baltimore,  at  the  Juvenile  Courts  in 
Baltimore  City  and  at  the  office  of  the  State's  Attorney  of  Balti- 
more City,  from  time  to  time,  when  required  by  the  magis- 
trates sitting  at  the  said  several  station-houses,  or  by  the  magis- 
trate sitting  as  the  magistrate  for  juvenile  causes  in  said  city,  or 
by  the  State's  Attorney  of  Baltimore  Citv,   and  examine  all 


women  and  female  children  brought  to  the  said  several  station- 
houses,  or  to  the  Juvenile  Court  in  Baltimore  City,  or  before 
rhe  State's  Attorney  of  Baltimore  City,  when,  in  the  opinion 
of  the  police  magistrates  sitting  at  the  said  several  station- 
houses  or  the  magistrate  sitting  as  the  magistrate  for  juvenile 
causes  in  said  city  or  the  State's  Attorney  of  Baltimore  City,  an 
examination  requiring  the  exposure  of  the  person  of  such  woman 
or  female  child  or  children  may  be  required. 

1912,  ch.  733. 

773B.  That  the  said  magistrates  sitting  at  the  said  several 
police  stations,  the  said  magistrate  sitting  as  the  magistrate  for 
juvenile  causes  in  said  city  and  the  State's  Attorney  of  Balti- 
more City,  shall,  whenever  any  examination  requiring  the  ex- 
posure of  the  person  of  any  woman  or  female  child  or  children 
brought  before  them  is  necessary  for  the  proper  hearing  or  dis- 
position of  the  case,  notify  the  Board  of  Police  Cormnissioners 
for  the  City  of  Baltimore,  who  shall  designate  alternately  one 
of  the  men  and  one  of  the  women  physicians  of  the  physicians 
provided  for  under  section  778A  hereiu,  to  attend  and  make 
the  said  examination. 

1912.  (h.  7.33. 

773C.  That  each  physician  making  said  examination  re- 
quired under  the  previous  sections  receive  therefor  a  fee  of  five 
dollars  for  each  such  case,  to  be  paid  by  the  Mayor  and  City 
Council  of  Baltimore ;  provided,  however,  that  no  such  fee  shall 
be  paid  unless  the  bill  rendered  therefor  shall  be  certified  to 
by  the  police  magistrate  ordering  such  examination,  or  by  the 
magistrate  sitting  as  the  magistrate  for  juvenile  causes  in  said 
city  or  by  the  State's  Attorney  for  Baltimore  City,  in  case  the 
said  examination  was  made  on  his  order.  Said  sum  of  five  dol- 
lars hereinbefore  mentioned  shall  include  any  testimony  given 
before  such  magistrate,  but  if  said  physician  shall  be  required  to 
appear  and  testify  before  the  Criminal  Court  of  Baltimore  City 
in  reference  to  such  examination  he  or  she  shall  be  allowed  an 
additional  sum  of  ten  dollars  for  so  appearing  and  testifying; 
provided,  however,  that  the  total  allowance  in  any  case  ex- 
amined by  such  physician  for  all  services  rendered  by  him  or 
her  shall  not  exceed  fifteen  dollars. 

RACES. 

1872,  oh.  ru).     V.  L.  L.,   (1888)    Art.  4,  sec.  753. 
774.      Fr)r   tlif    piii'po.sc  of   pn^scj-ving   oi-dcr   nnd    protecting 


414 

property,  the  Police  Commissioners  of  the  City  of  Baltimore 
are  authorized,  upon  the  request  of  the  President  of  the  Mary- 
land Jockey  Club,  to  detail  such  force  as  they  may  deem  suffi- 
cient for  the  preservation  of  order  during  any  exhibition  of  the 
said  club,  which  detailed  force  shall  have  the  power  that  the 
police  of  the  city  have  as  conservators  of  the  peace. 

EEGISTRATION  OF  VOTERS. 

1876,  ch.  249.     P.  L.  L.,   (1888)  Art.  4,  sec.  754. 

775.  The  Board  of  Police  Commissioners  for  Baltimore 
City,  upon  the  written  request  of  the  Registers  of  voters,  shall 
detail  police  officers  sufficient  to  preserve  order  at  the  place 
where  the  officers  of  registration  in  Baltimore  City  are  dis- 
charging the  duties  of  their  office. 

SPECIAL  FUND. 

1886,  ch.  459.     P.  L.  L.,  (1888)  Art.  4,  sec.  755. 

776.  All  sums  of  money  which  are  now  in  or  which  may 
hereafter  come  into  the  hands  of  the  Board  of  Police  Commis- 
sioners for  the  City  of  Baltimore,  under  and  by  virtue  of  the 
provisions  of  existing  laws,  except  such  sums  as  may  come  into 
their  hands  under  and  by  virtue  of  the  provisions  of  section  747, 
shall  constitute  a  fund  to  be  known  and  accounted  for  as  the 
special  fund. 

1900,  cb.  266. 

776A.  The  Board  of  Police  Commissioners  of  the  City  of 
Baltimore,  and  their  successors,  shall  be  the  trustees  of  the  spe- 
cial fund  hereinafter  mentioned.  The  Treasurer  of  said  Board 
shall  be  Treasurer  of  the  fund.  He  shall  before  entering  upon 
his  duties  as  Treasurer  thereof  execute  and  deliver  to  said  Board 
a  bond  in  the  penal  sum  of  five  thousand  dollars,  to  be  approved 
by  Comptroller  of  the  City  of  Baltimore,  and  conditioned  for 
the  faithful  discharge  of  his  duties,  and  that  he  shall  pay  over 
and  account  for  all  moneys  and  property  which  shall  come  to 
his  hands  as  such  Treasurer,  the  expense  of  such  bond,  if  fur- 
nished by  a  corporation,  to  be  paid  out  of  the  special  fund.  Such 
trustees  shall  have  charge  of  and  administer  such  funds,  and 
from  time  to  time  invest  the  same,  or  any  part  thereof,  as  they 
shall  deem  most  beneficial  to  said  fund,  and  they  are  empowered 
to  make  all  necessary  contracts,  and  take  all  necessary  and 
proper  actions  and  proceedings  in  the  premises,  and  to  make 
payments  from  such  fund  of  salaries  granted  in  pursuance  of 


415 

this  Act,  and  also  salaries  now  charged  on  said  fund  or  any 
part  thereof  by  or  under  existing  laws.  The  said  trustees  may, 
and  they  are  authorized  and  empowered  from  time  to  time  to 
establish  such  rules  and  regulations  for  the  disposition,  invest- 
ment, preservation  and  administration  of  the  special  fund  as 
they  may  deem  best.  They  shall  report  in  detail  to  the  Mayor 
and  City  Council  annually  in  the  month  of  October  the  condi- 
tion of  the  special  fund,  and  the  items  of  receipts  and  disburse-  . 
ments  on  account  of  the  same. 

1900,  ch.  266. 

776B.  The  moneys,  securities  and  eif ects  of  the  special  fund 
and  all  salaries  granted  and  payable  from  said  fund  shall  be  and 
are  exempt  from  execution  and  from  all  process  and  proceedings 
to  enjoin  and  recover  the  same  by  or  on  behalf  of  any  creditor 
or  person  having  or  asserting  any  claims  against,  or  debt  or 
liability,  of  any  sharer  of  said  fund;  every  person  who  know- 
ingly or  wilfully  in  anywise  procures  the  making  or  presenta- 
tion of  any  false  or  fraudulent  affidavit  or  affirmation  concern- 
ing any  claim  for  a  share  or  payment  thereof,  shall  in  every 
case  forfeit  a  sum  not  exceeding  two  hundred  dollars,  to  be  sued 
for  and  recovered  by  and  in  the  name  of  the  said  trustees,  and 
when  recovered  to  be  paid  over  to  and  thereupon  become  a  part 
of  the  said  special  fund.  Any  person  who  shall  wilfully  swear 
falsely  in  any  oath  or  affirmation  in  obtaining  or  procuring  any 
shares  or  payment  thereof,  under  the  provisions  of  this  Act, 
shall  be  guilty  of  perjury. 

1900,  ch.  266. 

7760.     The  said  special  fund  shall  consist  of : 

1.  The  capital,  interest,  income,  dividends,  cash  deposit, 
securities  and  credit  of  the  special  fund  now  in  existence,  with 
additions  thereto  from  time  to  time  of 

2.  All  fines  and  forfeitures  imposed  l)y  the  Board  of  Police 
Commissioners  from  time  to  time  upon  or  against  any  mem- 
ber or  members  of  the  police  force ;  and  of 

■].  All  rewards,  fees,  gifts,  testimonials  and  emoluments 
that  may  be  presented,  paid  or  given  to  any  member  of  the 
police  force  on  account  of  police  services,  except  such  as  have 
i)een  or  shall  be  allowed  by  the  Board  of  Police  Commissioners 
to  be  retained  by  the  said  members,  and  also  all  gifts  or  be- 
quests which  may  be  made  to  the  said  special  fund,  or  to  the 
said  Police  Board  as  trustees  thereof. 

4.      All  lost,  abjindoncfl.  uncljiimod,  or  stolen  money  remain- 


43  0 

ing  in  the  possession  of  the  Secretary  of  the  Board  of  Police 
Commissi ouers  for  the  space  of  one  year,  and  for  which  there 
shall  be  no  lawf nl  claimant,  and  all  moneys  arising  from  the  sale 
by  the  said  Secretary  or  said  Board  of  unclaimed,  abandoned, 
lost  or  stolen  property,  and  all  moneys  realized,  derived  or  re- 
ceived from  the  sale  of  any  condeimied,  unfit  or  unserviceable 
property  belonging  to  or  in  the  possession  or  under  the  control 
of  the  Police  Department,  and  of 

5.  All  moneys,  pay,  compensation  or  salary,  or  any  part 
thereof,  forfeited,  deducted  or  withheld  from  any  member  or 
members  of  the  police  force  on  account  of  absence  for  any  cause, 
lost  time,  sickness  or  other  disability,  physical  or  mental,  to  be 
paid  monthly  by  the  Treasurer  of  the  Board  of  Police  Com- 
missioners to  the  special  fund. 

6.  All  moneys  derived  or  received  from  license,  certificates, 
or  permits,  hereafter  authorized  by  the  Mayor  and  City  Coun- 
cil under  the  general  powers  granted  by  Chapter  123,  of  the 
Acts  of  the  General  xVssembly  of  Maryland,  Session  1898,  title 
"City  of  Baltimore,"  sub-title  "Charter,"  sub-title  "General 
Powers,"  sub-title  "License,"  which  are  required  to  be  issued 
and  collected  by  the  Police  Department. 

7.  Any  sum  hereafter  allowed  out  of  or  share  of  liquor 
license  moneys  specially  appropriated  to  said  special  fund  and 
derived  from  the  granting  of  license  or  permission  to  sell  strong 
or  spirituous  liquors,  ale,  wine  or  beer,  and  such  sum,  sums, 
share  or  shares  shall  be  paid  in  to  the  Treasurer  of  the  special 
fund  by  the  person  or  officer  having  the  legal  custody  thereof. 

8.  All  moneys  derived  or  received  from  the  granting  or 
issuing  the  permits,  or  the  giving  of  permission  to  give  public 
dances^  soirees,  masked  balls,  boxing  or  athletic  contests,  circus 
or  tent  shows,  or  either  of  them,  in  the  City  of  Baltimore ;  also 
the  sum  of  Hxe  dollars  for  each  and  every  permit  granted  by 
the  Board  of  Police  Commissioners  under  Section  653P,  Chap- 
ter 343,  of  the  Acts  of  the  General  Assembly  of  Maryland,  ses- 
sion of  1890,  for  the  sale  of  liquors  at  bona  fide  entertainments. 

9.  A  smn  of  money  equal  to  but  not  greater  than  two  per 
centum  of  the  semi-monthly  pay,  salary  or  compensation  of 
each  member  of  the  police  force  entitled  to  participate  in  the 
special  fund,  which  sum  shall  be  deducted  every  pay  day  by  the 
Treasurer  of  the  Board  of  Police  Commissioners  from  their  pay. 
salary  or  compensation  of  each  and  every  member  of  the  police 
force,  and  the  said  Treasurer  of  said  Board  is  hereby  auth- 
orized, empowered  and  directed  to  deduct  the  said  sum  of 
money  as  aforesaid  and  forthwith  to  pay  the  same  to  the  Treas- 
urer of  the  trustees  of  the  special  fund ;   provided,  however. 


417 

that  it  shall  be  optional  with  any  member  of  said  police  force 
to  contribute  the  said  two  per  centum  of  his  salary  as  above 
provided,  and  participate  in  the  benefits  of  the  special  fund; 
and  provided  further,  that  no  member  of  said  force  shall  par- 
ticipate in  said  special  fund  unless  he  contributes  to  said  fund 
as  aforesaid. 

10.  And  any  and  all  unexpended  balances  of  appropria- 
tion or  amounts  estimated,  levied,  raised  or  appropriated  for 
the  payment  of  salaries  or  compensation  of  members  of  the 
police  force  within  said  City  of  Baltimore  remaining  unex- 
pended or  unapplied  after  allowing  all  claims  payable  there- 
from, said  balances  to  be  paid  to  special  fund  at  any  time  after 
the  expiration  of  the  year  for  which  the  same  were  made  and 
appropriated. 

11.  In  case  the  amount  derived  from  the  different  sources 
mentioned  and  included  in  this  section,  and  from  the  special 
fund,  without  deducting  charges  for  patrol  services,  police-boat 
and  new  station-houses,  shall  not  be  sufficient  at  any  time  to 
enable  the  Board  of  Police  Commissioners  to  pay  in  full  the 
salaries  which  have  been  or  may  hereafter  be  granted,  which 
said  salaries  shall  at  all  times  be  a  first  charge  on  said  funds,  it 
shall  be  the  duty  of  the  said  Board  each  year  at  the  time 
of  making  up  the  departmental  estimate  to  prepare  a  full  and 
detailed  statement  of  the  assets  of  said  special  fund,  and  the 
amount  which  is  required  to  pay  in  full  all  such  salaries,  and  to 
present  the  same  to  the  Mayor  and  City  Council  and  the  Board 
of  Estimates,  together  with  a  statement  of  the  amount  of  money 
required  to  enable  the  said  Board  of  Police  Commissioners 
to  pay  the  said  salaries  in  full.  It  shall  be  the  duty  of  the 
Mayor  and  City  Council  and  said  Board  of  Estimates  to  make 
an  appropriation  sufficient  to  provide  for  each  deficiency,  and 
the  amount  so  appropriated  shall  be  included  in  the  tax  levy, 
and  the  Comptroller  shall  pay  over  the  money  to  the  treasurer 
of  the  special  fund. 

12.  And  the  said  Board  of  Police  Commissioners,  as  trus- 
tees of  the  special  fund,  is  hereby  authorized  and  empowered 
to  take  and  hold  as  trustees  of  such  fund  any  and  all  gifts  or 
bequests  which  may  be  made  to  such  fund. 

1900,  ch.  269.     1902,  ch.  514.     1906,  ch.  267. 

776C,a.  Xo  public  dances,  soirees,  mask  balls,  boxing  or 
athletic  contests,  or  other  public  entertainment  of  like  kind,  to 
or  for  which  an  admission  fee  shall  bo  charged,  shall  be  held, 
given  or  permitted  in  the  City  of  Baltimore,  except  upon  con- 

(15) 


418 

ditiou  that  a  license  or  permit  fee  of  not  less  than  $5.00  nor 
more  than  $100.00  shall  first  be  paid  to  the  Secretary  of  the 
Board  of  Police  Commissioners  who  are  authorized  to  demand 
and  receive  the  same  for  the  benefit  of  the  Special  Fund,  pro- 
vided,  that  nothing  herein  contained  shall  interfere  with  any 
permits  authorized,  issued  or  collected  by  the  authority  of  the 
Mayor  and  City  Council  of  Baltimore.  Any  person  or  corpora- 
tion violating  the  provisions  of  this  section  shall  be  deemed 
guilty  of  a  misdemeanor  and  upon  conviction  thereof  shall  be 
fined  not  less  than  $5.00  nor  more  than  $100.00.  Provided, 
however,  that  this  Act  is  not  intended  to  apply  to  regular  danc- 
ing schools  where  the  art  is  regularly  taught  and  where  dancing 
parties  are  given  in  connection  with  the  scheduled  classes  on 
stated  nights  from  8  to  12  o'clock  and  where  no  liquors  are  sold 
or  dispensed.  That  all  owners  or  managers  of  regular  dancing 
academies  or  places  used  for  instruction  in  the  art  of  dancing 
shall  pay  an  annual  license  fee  of  five  dollars  for  such  privilege. 

1900,  ch.  266. 

776D.  The  Board  of  Police  Commissioners  shall  have  power 
in  its  discretion  to  pay  to  the  widow  of  any  member  of  said 
police  force  within  the  limits  of  said  city  who  shall  have  been 
killed  while  in  the  actual  performance  of  duty,  or  shall  have 
died  in  consequence  of  injuries  received  while  in  the  discharge 
of  duty  an  allowance  until  she  remarries.  If  there  be  no  widow, 
but  a  child  or  children,  then  to  pay  such  child  or  children  whilst 
under  the  age  of  eighteen  years,  a  sum  such  as  parent  would 
have  been  entitled  to  out  of  said  special  fund. 

1900,  ch.  266. 

776E.  Salaries  granted  under  Chapter  494,  of  the  Acts  of 
the  General  Assembly  of  Maryland,  passed  at  the  January  ses- 
sion 1898,  and  all  other  salaries  granted  by  special  Acts  shall 
be  for  the  natural  life  of  the  retired  or  disabled  officer,  and 
shall  not  be  revoked,  repealed  or  diminished  except  for  causes 
therein  provided. 

Section  756  of  this  Article,  ante. 

1900,  ch.  266. 

776F.  No  member  of  the  police  force,  whether  policeman, 
officer  of  police,  detective,  clerk,  turnkey,  or  in  any  other 
capacity,  shall  be  granted,  awarded  or  paid  a  retiring  salary 
on  account  of  physical  or  mental  disability  or  diseases,  unless 
certificate  of  so  many  of  the  police  surgeons  or  other  com- 


419 

petent  and  reputable  physicians  as  the  Board  of  Police  Com- 
missioners may  require,  which  shall  set  forth  the  cause,  nature 
and  extent  of  the  disability,  disease  or  injury  of  such  member, 
shall  be  filed  in  the  office  of  the  Board,  and  no  member  shall 
hereafter  be  retired  upon  salary  or  be  salaried,  nor  shall  any 
money  or  salary  be  awarded,  gi'anted  or  paid  except  as  provided 
in  this  Chapter,  and  Chapter  494,  of  the  Acts  of  the  General 
Assembly  of  Maryland,  passed  at  the  January  session,  1898, 
anv  other  law  to  the  contrary  notwithstanding.  The  said  Board 
of  Police  Commissioners  is  authorized  and  empowered  to  make 
and  adopt  all  such  rules,  orders  and  regulations  as  are  or  may 
be  necessary  to  carry  out  and  enforce  the  provisions  of  this  Act. 

1886,  ch.  450.    1888,  ch.  306.    P.  L.  L.,  (1SS8)  Art.  4,  sec.  756.    1912, 

ch.  567. 

777.  In  addition  to  the  sums  of  money  now  authorized  by 
law  to  be  paid  out  of  the  fund  as  above  constituted  and  desig- 
nated, the  said  Board  of  Police  Commissioners  are  empowered 
whenever,  in  their  opinion,  the  efficiency  of  the  service  may  re- 
quire it,  to  retire  any  officer  of  police,  policeman,  detective,  clerk 
or  turnkey  appointed  by  them;  and  the  said  Board  of  Police 
Commissioners  shall  pay  to  such  officers  of  police,  policeman, 
detective,  clerk  or  turnkey  so  retired,  in  monthly  instalments, 
out  of  said  fund,  for  life,  a  sum  of  money  equal  to  one-half 
the  amount  of  money  currently  paid  monthly  to  an  officer  of 
police,  policeman,  detective,  clerk  or  turnkey,  as  provided  by 
law ;  provided,  however,  he  shall  have  served  faithfully  not  less 
than  sixteen  years  as  such  officer  of  police,  policeman,  detective, 
clerk  or  turnkey,  or  shall  have  been  permanently  disabled  in  the 
discharge  of  his  duty  as  such  officer  of  police,  policeman,  detec- 
tive, clerk  or  turnkey.  In  the  event  at  any  time  of  an  increase 
in  the  pay  of  officers  of  police,  policeman,  detective,  clerk  or 
turnkey,  every  officer  of  police,  policeman,  detective,  clerk  or 
turnkey  who  shall  have  been  or  shall  subsequently  be  retired  by 
the  said  Board  of  Police  Commissioners  shall  be  entitled 
to  and  the  said  Board  of  Police  Commissioners  shall  pay  to 
him  in  the  manner  and  at  and  for  the  length  of  time  provided 
in  this  section  for  the  pay  of  the  members  of  the  police  force 
who  shall  be  retired  or  shall  have  been  retired,  a  sum  equal  to 
one-half  of  the  remuneration  of  the  active  members  of  the  Police 
Department  holding  the  same  rank  or  grade  at  the  time  of  their 
retirement,  to  the  end  and  effect  that  every  retired  officer  of 
police,  policeman,  etc.,  shall  receive  the  same  remuneration  as 
every  other  retired  officer  of  police,  policeman,   etc.,  of  like 


420 

grade  or  rank,  and  no  less.  The  provisions  of  this  section  shall 
extend  to  and  include  all  members  of  the  police  force  of  Balti- 
more City  heretofore  retired  by  the  said  Board  of  Police  Com- 
missioners, including  those  members  retired  prior  to  January 
1st,  1907,  and  the  said  Board  of  Police  Commissioners  shall  in 
all  cases,  before  retiring  any  officer  of  police,  policeman,  detec- 
tive, clerk  or  turnkey,  procure  and  file  among  their  records  a 
certificate  signed  by  a  majority  of  the  physicians  appointed 
by  the  Board  of  Police  Commissioners  as  physicians  of  the 
Police  Department,  that  the  person  proposed  to  be  retired  has 
been  thoroughly  examined  by  them,  and  that  he  is  incapable 
of  performing  active  police  duty;  and  it  shall  be  the  duty  of 
any  such  officer  of  police,  policeman,  detective,  clerk  or  turn- 
key so  retired  to  perform  such  police  duties,  and  at  such  times 
as  the  Board  of  Police  Commissioners  shall  deem  proper,  said 
terms  of  service  not  to  exceed  seven  days  during  any  year,  and 
for  such  services  no  extra  compensation  shall  be  allowed  by 
said  Board ;  and  the  said  Board  of  Police  Commissioners  shall 
have  the  power,  in  their  discretion,  to  suspend  payment  to 
any  such  officer  of  police,  policeman,  detective,  clerk  or  turnkey 
for  a  term  not  to  exceed  three  months  for  the  first  offense ;  for 
the  second  offense  for  a  term  not  to  exceed  six  months,  and  for 
the  third  offense  any  such  officer  of  police,  policeman,  detective, 
clerk  or  turnkey  shall  be  subject  to  dismissal,  upon  proof  that 
the  said  officer  of  police,  policeman,  detective,  clerk  or  turnkey 
is  living  an  improper  or  immoral  life. 
See  Section  756,  ante. 

1912,  ch.  567. 

777-1.  That  this  Act  shall  be  construed  to  mean  that  at  all 
times  hereafter  the  remuneration  of  every  retired  member  of 
the  police  force  of  Baltimore  City  shall  be  one-half  the  re- 
muneration or  pay  of  those  members  of  the  police  force  in 
active  service  occupying  a  grade  or  rank  similar  to  the  grade 
or  rank  occupied  by  the  retired  member  at  the  time  of  his  retire- 
ment, and  that  whenever  the  remuneration  for  any  of  the 
grades  or  ranks  of  the  active  members  of  the  Police  Department 
are  increased,  the  remuneration  of  those  retired  members  of 
the  Police  Department  who  held  the  same  grade  or  rank  at  the 
time  of  their  retirement  that  the  increased  pay  applies  to, 
then  in  that  event  the  remuneration  of  the  retired  member  of 
that  grade  or  rank  shall  be  one-half  of  such  remuneration  as  the 
increase  provides  for,  and  no  less. 


421 

1906,  ch.  456. 

777A.  The  said  Board  of  Police  Commissioners  are  hereby 
authorized,  empowered  and  directed  to  include  the  Superinten- 
dent of  Matrons  and  the  JMatrons  of  the  several  station-houses  of 
Baltimore  City  within  the  provisions  of  Section  777  of  this 
Article  so  that  they  may  enjoy  the  same  rights  and  privileges 
and  benefits,  subject  to  the  same  limitations  and  conditions  as 
are  therein  prescribed  and  conferred  for  the  retiring  of  the 
members  of  the  police  force  for  the  said  City  of  Baltimore ; 
provided,  however,  that  the  said  Superintendent  of  Matrons 
and  the  Matrons  of  the  several  station-houses  of  Baltimore  City 
within  the  provisions  of  Section  777  of  this  Article  shall  pay 
into  the  Special  Fund  the  sum  of  ten  dollars  ($10.00)  per  an- 
num for  the  next  succeeding  three  years  in  addition  to  the  regu- 
lar percentage  required  under  the  special  pension  Act. 

1906,  ch.  777. 

777B,.  The  said  Board  of  Police  Commissioners  are  hereby 
authorized,  empowered  and  directed  to  include,  the  Secretary 
of  the  Board,  and  the  Assistant  Secretary  of  the  Board,  within 
the  provisions  of  Section  777  of  this  Article,  so  that  they  may 
enjoy  the  same  rights  and  privileges  and  benefits  subject  to  the 
same  limitations  and  conditions,  as  are  therein  prescribed  and 
conferred  for  the  retiring  of  the  members  of  the  police  force 
for  the  said  City  of  Baltimore,  provided,  however,  that  the 
Secretary  shall  first  contribute  the  sum  of  three  hundred  dol- 
lars, payable  in  three  annual  instalments  of  one  hundred  dollars 
each  or  all  cash  at  his  option  to  the  said  '^Special  Fund,"  here- 
inbefore provided  for,  and  the  Assistant  Secretary  to  the  Board 
the  sum  of  one  hundred  and  fifty  dollars  payable  in  the  same 
manner. 

1900,  ch.  263. 

777B,a.  The  Mayor  and  City  Council  of  Baltimore  shall, 
upon  the  request  of  the  Board  of  Police  Commissioners  of  the 
City  of  Baltimore,  appropriate  annually  a  sum  of  money  for 
the  relief  of  disabled  and  superannuated  members  of  the  police 
force  of  Baltimore  City,  and  for  the  relief  of  widows  and  chil- 
dren of  policemen  who  may  be  killed  in  the  discharge  of  duty, 
whenever  the  special  fund  of  said  Board  of  Police  Commis- 
sioners is  not  sufficient  for  the  payments  authorized  by  and 
under  the  Acts  of  the  General  Assembly  heretofore  passed. 

1914,  ch.  431. 
777C.     The  said  Board  of  Police  Commissioners  for  the  City 


422 

of  Baltimore  are  hereby  authorized,  empowered  and  directed  to 
include  the  Chief  Engineer,  two  assistant  engineers,  and  fire- 
man in  the  Police  Patrol  Boat  service,  and  those  who  may  here- 
after be  employed  in  like  capacity,  within  the  provisions  of 
section  777  of  this  Article,  so  that  they  may  enjoy  the  same 
rights,  privileges  and  benefits,  subject  to  the  same  limitations 
and  conditions  as  are  therein  prescribed  and  conferred  for  the 
retiring  of  members  of  the  police  force  for  the  City  of  Balti- 
more; provided,  however,  that  any  of  the  persons  herein  men- 
tioned who  were  in  the  service  of  the  Police  Department  prior 
to  the  year  1900,  shall  pay  into  the  special  fund,  a  sum  equiv- 
alent to  two  per  centum  on  the  salary  paid  to  them  since  the 
year  1900 ;  and  any  who  have  been  employed  since  the  year 
1900,  shall  pay  into  the  special  fund  a  sum  equivalent  to  two 
per  centum  on  the  salary  paid  to  them  since  the  date  of  em- 
ployment, and  for  the  current  year  and  thereafter  the  regular 
percentage  required  under  the  special  pension  Act. 

P.  L.  L.,    (1888)   Art.  4,  sec.  756A.     1892,  ch.  356. 

778.  The  Board  of  Police  Commissioners  for  the  City  of 
Baltimore  are  authorized  to  pay  out  of  the  special  fund  men- 
tioned in  section  776  of  this  Article,  the  cost  of  the  maintenance 
and  operation  of  the  police  patrol  boat  recently  built,  and 
manned  by  said  Board  under  authority  conferred  by  law  on  said 
Board,  including  therein  the  wages  of  engineers  and  firemen 
of  said  boat ;  and  said  Board  are  authorized  to  appoint  on  its 
force  two  officers  for  said  boat,  who  shall  be  styled  commander 
and  first  officer,  respectively,  of  the  police  patrol  boat,  and  shall 
have  the  rank  and  pay  of  Lieutenants  of  Police  of  the  City  of 
Baltimore. 

1892,  ch.  356.     P.  L.  L.,    (1888)   Art.  4,  sec.  756B. 

779.  The  Board  of  Police  Commissioners  for  the  City  of 
Baltimore  are  hereby  authorized,  out  of  the  special  fund  men- 
tioned in  section  776  of  this  Article,  to  pay  the  purchase  money 
of  the  ground  needed  for  the  erection  of  station-houses  hereafter 
required  for  the  uses  of  said  Board,  and  also  the  cost  of  the 
erection  and  repair  of  said  station-houses. 

1892,  ch.  1.     p.  L.  L.,  (1888)  Art.  4,  sec.  756D. 

780.  The  Board  of  Police  Commissioners  for  the  City  of 
Baltimore  are  hereby  authorized  and  directed  to  pay  to  James 
M.  Moore,  a  retired  patrolman  of  the  police  force  of  Baltimore 
City,  out  of  a  fund  in  the  hands  of  said  Board  of  Police  Com- 


423 

missioners  known  and  ac-connted  for  as  the  special  fund,  the  sum 
of  twelve  dollars  per  week  for  his  life,  in  lieu  of  the  sum  of  six 
dollars  per  week  now  paid  said  James  M.  ]\Ioore  by  said  Board 
of  Police  Commissioners,  under  and  by  authority  of  an  Act  of 
the  General  Assembly  of  Maryland  (Chapter  459,  Laws  of 
Maryland,  eighteen  hundred  and  eighty-six),  entitled  "An  Act 
to  define  a  fund  of  money  now  in  the  hands,  or  which  under 
existing  laws  may  come  into  the  hands,  of  the  Board  of  Police 
Commissioners  for  the  City  of  Baltimore,  and  to  provide  for  its 
application,"  approved  April  7th,  eighteen  hundred  and  eighty- 
six. 

LONG  BRIDGE. 

1892,  ch.  356.    P.  L.  L.,  (1888)  Art.  4,  sec.  756c. 

781.  The  jurisdiction  and  authority  of  the  Board  of  Police 
Commissioners  for  the  City  of  Baltimore  is  hereby  declared  to 
extend  to  and  over  the  bridge  across  the  Patapsco  river,  known 
as  the  Long  Bridge  or  Light  Street  Bridge ;  and  said  Board  and 
their  police  force  shall  on  and  under  said  bridge,  preserve  the 
public  peace,  prevent  crime,  arrest  offenders,  protect  the  rights 
of  persons  and  property,  and  prevent  and  remove  nuisances ;  pro- 
vided, however,  that  if  any  crime  be  actually  committed  by  any 
person  who  shall  be  arrested  by  said  police,  the  offender  shall  be 
delivered  to  the  proper  jurisdiction  for  trial  and  punishment. 

TELEGRAPH  TO  HOUSE  OF  CORRECTION. 

1882,  ch.  156.     P.  L.  L.,   (1888)  Art.  4,  sec.  757. 

782.  The  Mayor  and  City  Council  of  Baltimore  shall  keep 
and  maintain,  at  their  own  proper  cost  and  expense,  the  line  of 
telegraph  from  the  House  of  Correction,  in  Anne  Arundel 
County,  to  the  police  headquarters  in  Baltimore  City,  trans- 
ferred to  them  by  the  Board  of  Public  Works,  and  are  invested 
with  all  the  rights  and  privileges  granted  to  telegraph  companies 
under  the  General  Incorporation  Laws  of  the  State  in  the  work- 
ing and  maintenance  of  this  line. 

THIEVES  AND  PICKPOCKETS. 

1864,  ch.  38.  1'.  L.  L.,    (1888)   Art.  4,  sec.  758. 

783.  It  shall  be  the  duty  of  all  police  officers  in  Baltimore 
City  to  arrest  and  take  before  some  one  of  tlie  station  liouse 
Justices  in  Baltimore  City,  all  persons  whom  they  shall  find  in 
any  passongor  railway  cai",  or  in  or  about  any  railway  depot  in 
Baltimore  City,  or  in  any  place  of  public  amusement,  or  in  any 


424 

street  of  the  city,  who  they  shall  know  or  have  good  reason  to 
believe  are  common  thieves  or  pickpockets,  and  said  Justices 
shall  commit  or  bail  such  persons  for  trial  before  the  Criminal 
Court ;  and  if  any  person  in  Baltimore  City  shall  be  charged  on 
oath  before  any  station-house  Justice  of  the  Peace  in  Baltimore 
City,  or  before  the  Judge  of  the  Criminal  Court,  with  being  a 
common  thief  or  pickpocket,  such  Justice  or  Judge  shall  issue  a 
warrant  for  the  arrest  of  such  person,  and  commit  or  bail  him 
for  trial ;  and  any  person  convicted  in  the  Criminal  Court  of 
Baltimore  of  being  a  common  thief  or  common  pickpocket,  shall 
be  imprisoned  in  jail  not  more  than  two  years  nor  less  than  six 
months,  and  be  fined  not  more  than  one  hundred  dollars ;  but  if 
any  person  is  arrested  a  second  time,  or  more,  for  such  offence, 
he  shall  be  con\'icted  only  on  proof  that  he  has  continued  to  be  a 
common  thief  or  pickpocket  for  at  least  one  month  since  his  last 
conviction  or  acquittal,  and  it  shall  be  necessary  to  charge  in 
the  indictment  only  that  the  person  is  a  common  thief  or  common 
pickpocket;  and  any  evidence,  either  of  facts  or  reputation 
proving  that  such  person  is  habitually  and  by  practice  a  thief  or 
pickpocket  shall  be  sufficient  for  his  conviction,  if  satisfactorily 
establishing  the  fact  to  the  court  or  jury  by  whom  he  is  tried ; 
and  there  shall  be  no  discretion  in  any  police  ofiicer  or  Justice  of 
the  Peace  to  discharge  or  release  any  person  who  is  by  such  proof 
before  them,  or  knowledge  on  their  part,  shown  to  be  a  thief  or 
pickpocket  as  aforesaid,  but  such  person  shall  be  bailed  or  com- 
mitted for  trial,  and  no  conviction  or  charge  of,  or  for  being  a 
common  thief  or  pickpocket,  shall  prevent  any  such  person  from 
being  tried  and  convicted  for  any  particular  act  of  larceny  he 
may  have  committed. 

World  V.  State,  50  Md.  49. 

1864,  ch.  38.     r.  L.  L.,   (1888)   Art.  4,  sec.  759. 

784.  If  any  person  shall  be  arrested  at  any  place  on  the  line 
of  the  Baltimore  and  Ohio  Railroad,  or  on  the  line  of  the  ISTorth- 
ern  Central  Railroad,  or  on  the  line  of  the  Philadelphia,  Wil- 
mington and  Baltimore  Railroad,  or  in  any  of  the  cars  or  depots, 
or  at  any  of  the  stations  on  said  roads,  or  on  any  ferry-boat 
employed  to  carry  passengers  over  any  part  of  said  road,  and 
within  the  limits  of  this  State,  charged  with  being  a  common 
thief  or  pickpocket,  such  person  may  be  taken  before  any  Justice 
of  the  Peace  of  the  county  in  which  said  place  or  depot  or  station 
may  be  situated ;  or  if  such  person  be  arrested  in  any  car,  or  on 
any  ferry-boat,  before  any  Justice  of  the  Peace  of  the  nearest 
convenient  county  or  any  station  house  Justice  of  the  City  of 


425 

Baltimore ;  and  such  Justice  shall,  on  proof,  as  provided  in  the 
preceding  section,  commit  or  bail  such  person  for  trial  before 
the  Circuit  Court  of  the  county  or  the  Criminal  Court  of  Balti- 
more, as  the  case  may  be;  and  all  police  officers  of  Baltimore 
City,  and  all  conductors  of  trains  and  police  employed  by  any  of 
said  railway  companies,  and  all  constables  and  bailiffs  of  any 
county  or  city  on  the  lines  of  said  road,  shall  arrest  all  such 
persons  at  any  of  the  places  aforesaid,  on  the  same  knowledge 
and  proof  of  their  being  common  thieves  or  pickpockets  as  pro- 
vided in  the  preceding  section,  and  the  said  Justice  shall  commit 
or  bail  such  person  on  the  same  knowledge  or  proof;  and  any 
person  convicted  in  any  county  on  the  line  of  said  roads  of  being 
a  common  pickpocket,  shall  be  punished  by  a  fine  or  imprison- 
ment in  the  jail  of  the  county  for  the  same  time  and  in  the  same 
amount  as  provided  in  the  preceding  section;  and  all  the  pro- 
visions of  the  preceding  section  shall  apply  to  all  cases  under 
this  section,  except  so  far  as  altered  by  this  section. 

PERSOXATIXG  POLICEMEK 

1890,  ch.  504.     P.  L.  L.,  (1888)  Art.  4,  sec.  759A.     1902,  ch.  319. 

785.  It  shall  be  a  misdemeanor,  punishable  by  imprisonment 
in  the  jail  of  Baltimore  City  for  not  more  than  one  year,  or  by 
fine  of  not  less  than  five  dollars  for  any  person  not  a  member  of 
the  police  force  of  Baltimore  City,  sheriff  or  deputy  sheriff  of 
Baltimore  City,  to  falsely  represent  himself  as  being  such 
member,  sheriff  or  deputy  sheriff  with  fraudulent  design  upon 
person  or  property,  or  upon  any  day  or  at  any  time  to  have,  use, 
wear  or  display,  without  the  authority  of  the  Board  of  Police 
Commissioners  or  Sheriff  of  Baltimore,  any  shield,  button, 
wreath,  number  or  any  other  insignia  or  emblem  of  office  such 
as  are  worn  by  the  police  force,  sheriff'  or  deputy  sheriff  of  said 
city. 

NEW  STATION  HOUSES. 

1892,  ch.  185.    r.  L.  L.,  (1888)  Art.  4,  sec.  759A. 

786.  The  Board  of  Police  Commissioners  are  authorized  and 
empowered  to  purchase  or  lease  ground  in  the  twenty-first  and 
twenty-second  wards  in  the  City  of  Baltimore,  or  either  of  them, 
as  may  be  suitable  in  their  judgment  for  the  erection  of  a  station 
house  or  houses  thereon,  and  they  are  hereby  authorized  and 
empowered  to  have  erected  thereon  such  station  house  or  houses 
as  they  may  deem  suitable  and  proper. 


426 

1S92,  ch.  185.    P.  L.  L.,  (1888)  Art.  4,  sec.  759B. 

787.  The  title  to  said  lot  of  ground  and  the  improvements 
thereon,  shall  be  vested  in  the  Mayor  and  City  Council  of  Balti- 
more City. 

1892,  ch.  185.    P.  L.  L.,  (1S8S)  Art.  4,  sec.  759C. 

788.  The  purchase  of  said  ground,  and  the  cost  of  erection 
of  said  station-house  or  station-houses,  shall  be  paid  by  the  said 
Board  of  Police  Commissioners  out  of  their  special  fund. 

PRATT  FREE  LIBRARY. 

1882,  ch.  181.    P.  L.  L.,   (1888)  Art.  4,  sec.  760. 

789.  It  shall  be  the  duty  of  the  Mayor  to  appoint  a  visitor, 
who  shall,  as  often  as  once  a  year,  examine  the  books  and  ac- 
counts of  the  Trustees  of  the  "Enoch  Pratt  Free  Library  of  Bal- 
timore City,"  and  make  a  report  thereof  to  the  Mayor  and  City 
Council  of  Baltimore ;  and  said  Mayor  and  City  Council  shall,  in 
case  of  any  abuse  of  their  powers  by  said  Trustees  or  their  suc- 
cessors, have  the  right  to  resort  to  the  proper  courts  to  enforce 
the  performance  of  the  trust  imposed  on  them. 

19(X),  ch.  221. 

789a.  The  Enoch  Pratt  Free  Library  of  Baltimore  City  is 
hereby  empowered  to  receive  any  gifts,  bequests,  devise  or  con- 
veyance of  real  or  personal  property,  which  may  be  made  to  it  or 
to  its  Trustees,  and  to  hold  the  title  to  said  property,  and  from 
time  to  time  convey  the  same  by  deed  or  otherwise,  according  to 
the  nature  thereof,  to  the  Mayor  and  City  Council  of  Balti- 
more, for  the  use  of  said  library,  so  that  the  title  thereto  shall  be 
vested  in  the  said  Mayor  and  City  Council  of  Baltimore,  in  the 
like  manner  and  for  the  same  uses  as  the  property  mentioned  in 
the  original  Act  incorporating  said  library,  passed  at  the 
January  Session,  1882,  chapter  181,  subject  to  the  same  manage- 
ment and  control. 

1882,  ch.  181.     P.  L.  L.,  (1888)  Art.  4,  sec.  761. 

790.  The  real  estate  and  personal  property  vested  in  said 
Mayor  and  City  Council  by  virtue  of  the  Acts  of  1882,  chapter 
181,  authorizing  the  establishing  of  the  Enoch  Pratt  Free 
Library  of  Baltimore  City,  and  to  become  vested  by  future  pur- 
chases under  the  provisions  of  said  Act,  and  the  funds  and  fran- 
chises of  the  "Enoch  Pratt  Free  Library  of  Baltimore  City," 
shall  be  exempt  from  all  State  and  municipal  taxes,  forever. 


427 

KAILROADS. 

Safety  Gates. 
1884,  ch.  420.     P.  I..  L.,   (1888)  Art.  4,  sec.  763. 

■  791.  All  railroad  companies  whose  tracks  cross  any  street  in 
Baltimore  Citv  at  grade,  are  required  to  place,  erect  and  keep  in 
operation  and  repair,  safety  gates  at  all  such  street  crossings  in 
said  city,  which  said  gates  shall  be  closed  on  the  approach  of  any 
and  every  train  of  cars  or  locomotive,  and  kept  closed  until  the 
said  cars  or  locomotive  have  completely  passed  said  street 
crossing. 

Textor  v.  B.  &  O.  R.  R.  Co.,  59  Md.  63.  B.  &  O.  R.  R.  Co.  v.  Stumpf, 
97  Md.  89.  Jenkins  v.  B.  &  O.  R.  R.  Co..  98  Md.  404.  See  also,  N.  C. 
Ry.  Co.  V.  Gilmore,  100  Md.  404. 

1884,  ch.  420.     P.  L.  L.,  (1888)  Art.  4,  sec.  764. 

792.  Any  railroad  company  violating  the  provisions  of  the 
foregoing  section  shall  be  liable  to  a  tine  of  fifty  dollars  for  each 
crossing,  and  for  every  day  on  which  said  safety  gates  are  neg- 
lected to  be  erected  or  operated ;  said  fine  to  be  collected  as  other 
fines  are  now  collected. 

1902,  ch.  615,  sec.  1. 

792a.  No  railroad  company  incorporated  by  or  under  the 
authority  of  this  State,  or  doing  business  therein,  shall  issue,  sell 
or  receive  tickets  for  passage  through  the  City  of  Baltimore,  or 
make  agreement  or  agreements  with  any  other  railroad  company 
or  companies  outside  of  this  State  to  issue  or  sell  tickets  for 
passage  over  their  respective  lines  through  the  City  of  Balti- 
more, unless  there  is  a  coupon  on  said  ticket  for  passage  from  a 
given  place  in  or  out  of  this  State  to  the  City  of  Baltimore,  and 
another  coupon  on  said  ticket  from  the  City  of  Baltimore  to  a 
given  place  in  or  out  of  this  State. 

1902,  ch.  615,  sec.  2. 

792U  In  issuing  or  selling  all  tickets  for  passage  in  this 
State  through  the  City  of  Baltimore,  or  making  agreements  with 
other  railroad  companies  outside  of  this  State  to  issue  or  sell 
tickets  for  passage  through  the  City  of  Baltimore,  the  said  tickets 
shall  permit  the  holders  thereof  to  a  stop-over  privilege  of  at 
lea.st  forty-eight  (48)  hours  in  the  City  of  Baltimore;  provided, 
that  nothing  in  this  section  shall  prohibit  railroad  companies 
from  issuing  and  selling  ti(;kets  without  this  stop-over  privik^ge 
in  the  City  of  Baltimore,  for  special  occasions,  when  the  tickets 


428 

for  passage  are  good  only  on  excursion  trains  not  on  the  regular 
schedule  of  the  railroad. 

1902,  ch.  615,  sec.  3. 

792c.  All  passenger  trains  passing  through  the  City  of  Balti- 
more must  stop  at  least  three  minutes  at  the  principal  station  of 
the  company  operating  said  trains,  and  the  stoppage  of  all  trains 
must  be  announced  in  such  manner  as  will  give  passengers  ample 
opportunity  to  get  off. 

1902,  ch.  615,  sec.  4. 

792d.  Any  manager,  officer,  agent,  conductor,  or  employee, 
who  shall  violate  any  of  the  provisions  of  this  Act  shall  be  guilty 
of  a  misdemeanor  and  upon  indictment  and  conviction  thereof 
shall  be  fined  not  less  than  one  hundred  dollars,  nor  more  than 
five  hundred  dollars  for  each  oifense,  one-half  of  said  fine  to  go 
to  the  informer. 

HOURS  OF  LABOE. 

1886,  ch.  163.     P.  L.  L.,   (1888)  Art.  4,  sec.  765. 

793.  ISTo  street  railway  company  incorporated  under  the  laws 
of  this  State,  and  no  officer,  agent  or  servant  of  such  corporation, 
and  no  person  or  firm  owning  or  operating  any  line  or  lines  of 
street  railways  within  the  limits  of  this  State,  and  no  agent  or 
servant  of  such  firm  or  person  shall  require,  permit  or  suffer  its, 
his  or  their  conductors  or  drivers,  or  any  of  them,  or  any  em- 
ployees in  its,  his  or  their  service,  or  under  his,  its  or  their  con- 
trol, to  work  more  than  twelve  hours  during  each  or  any  day  of 
twenty-four  hours,  and  shall  make  no  contract  or  agreement  with 
such  employees,  or  any  of  them,  providing  that  they  or  he  shall 
work  for  more  than  twelve  hours  during  each  or  any  day  of 
twenty-four  hours. 

1886,  ch.  163.     P.  L.  L.,   (1888)  Art.  4,  sec.  766. 

794.  Any  corporation  which  shall  in  any  manner  violate  any 
of  the  provisions  of  the  preceding  section  shall  be  deemed  to  have 
misused  or  abused  its  corporate  powers  and  franchises,  and  the 
Attorney-General  of  the  State,  upon  the  application  in  writing, 
made  by  any  citizen  of  this  State,  accompanied  by  sufficient 
proof  of  such  violation,  shall  forthwith,  without  further  authori- 
zation, institute  proceedings  for  the  forfeiture  of  the  charter  of 
such  corporation,  by  petition  in  the  name  of  the  State,  in  the 
manner  provided  by  the  laws  of  this  State  for  the  enforcement 


429 

of  the  forfeiture  of  the  charter  of  any  corporation  wliich  has 
abused  or  misused  its  corporate  powers  or  franchises. 

1886,  ch.  163.     P.  L.  L.,   (1888)  Art.  4,  sec.  767. 

795.  If  any  corporation,  or  any  officer,  agent  or  servant  of 
such  corporation,  or  any  person  or  any  firm  managing  or  con- 
ducting any  street  railway  in  this  State,  or  any  agent  or  servant 
of  such  person  or  firm,  shall  do  any  act  in  violation  of  the  pro- 
visions of  section  793,  it,  he  or  they  shall  be  deemed  to  have  been 
guilty  of  a  misdemeanor,  and  shall,  on  conviction  thereof  in  a 
court  of  competent  jurisdiction,  be  fined  one  hundred  dollars  for 
each  offense  so  committed,  together  with  the  costs  of  such  prose- 
cution. 

STREET  RAILWAY  FARES. 

1882,  ch.  229.     P.  L.  L..   (1888)   Art.  4,  sec.  768.     1900,  ch.  313. 

796.  The  United  Railways  and  Electric  Company  of  Balti- 
more, its  successors  and  assigns,  shall  charge  five  cents,  and  no 
more,  as  a  fare  for  the  conveyance  of  each  passenger  over  twelve 
years  of  age,  and  three  cents,  and  no  more,  for  each  child  be- 
tween the  ages  of  four  and  twelve  years,  from  any  point  on  any 
of  its  lines  to  any  other  point  on  such  lines  within  the  City  of 
Baltimore ;  provided,  that  such  company  shall  give  a  free  trans- 
fer, when  the  same  shall  be  requested,  upon  the  payment  of  each 
cash  fare,  which  transfer  shall  be  good  at  all  points  of  intersec- 
tion of  lines  of  said  railway  for  a  continuous  ride,  except  at  such 
points  on  said  lines  where  such  form  a  route  so  as  to  permit  a 
passenger  to  return  in  the  same  general  direction  of  the  line  upon 
which  the  transfer  was  issued,  the  privilege  of  transfer  not  to  ap- 
ply to  the  terminus  of  any  line  or  route ;  provided,  that  nothing 
in  this  Act  shall  be  construed  to  aft'ect  any  of  the  interests  of  the 
Mayor  and  City  Council  of  Baltimore  in  the  said  United  Rail- 
ways and  Electric  Company  of  Baltimore;  or  any  of  the  rail- 
ways consolidated  under  the  corporate  name. 

Garrison  v.  U.  Rys.  Co.,  97  Md.  350. 

PARK   TAX. 

1882,  ch.  229.     P.  L.  L.,   (1888)   Art.  4,  sec.  769. 

797.  The  said  several  passenger  street  railway  compani(\s 
shall  pay  to  tlie  Mayor  and  City  Council  of  Baltimore,  a  tax 
upon  their  gross  receipts  of  nine  per  cent.,  in  quarterly  instal- 
ments, oil  the  first  day  of  Jiiiiiiary,  April,  -luly  and  October, 
in  each  year. 


430 

Union  Pass.  Ry.  Co.  v.  Baltimore,  71  Md.  238.     Park  Tax  Case,  84 
Md.  1. 

U.  Rys.  Co.  liable  for  gross  receipts  tax  on  all  receipts  from  operation 
on  all  public  streets. 

City   V.   U.   Rys.,   107  Md.   251. 
The  Park  fund  under  the  existing  laws  is  to  be  applied  to  park  pur- 
poses only  by  the  Board  of  Park  Commissioners. 

Baltimore  v.  Williams,   124  Md.  502. 

P.  L.  L.,  (1888)  Art.  4,  sec.  769A.    1894,  ch.  550. 

798.  The  Board  of  Park  Commissioners,  or  any  agent  or 
agents  of  the  said  Commissioners,  authorized  in  writing  by  a 
certificate  signed  by  the  president  and  secretary  thereof,  shall 
have  authority  and  power  from  time  to  time,  and  at  any  time 
the  said  Board  of  Park  Commissioners  see  fit,  to  make  examina- 
tion of  the  books,  accounts  and  car  fare  registers  of  any  or  all  of 
the  street  railway  companies  in  the  City  of  Baltimore,  for  the 
purpose  of  satisfying  said  Board  of  Park  Commissioners  that 
returns  of  the  ^'park  tax"  are  fairly  and  correctly  made  by  said 
companies,  and  by  each  and  every  one  of  them ;  and  any  street 
railway  company  whose  officers  shall  neglect  or  refuse,  on  de- 
mand of  said  Board  of  Park  Commissioners,  to  permit  the  said 
Commissioners  or  any  agent  or  agents  of  said  Commissioners 
authorized  in  writing  as  above  prescribed,  to  at  any  time  inspect 
its  said  books,  accounts  and  carfare  registers  or  any  of  them, 
shall  forfeit  and  pay  a  fine  of  one  hundred  dollars  for  each  and 
every  day  it  shall  so  neglect  or  refuse  to  comply  with  such  de- 
mand ;  said  penalty  to  be  collected  by  an  action  of  debt  in  the 
name  of  the  Mayor  and  City  Council  of  Baltimore. 

Park  Tax  Case,  )^  Md.  1. 

P.  L.  L.,    (1888)   Art.  4,  sec.  769B.     1894,  ch.  550. 

799.  On  default  of  any  of  the  street  railway  companies 
operating  street  railway  lines  within  the  present  city  limits,  in 
the  payment  of  the  park  tax  of  nine  per  centum  of  the  gross 
receipts  from  all  street  railway  lines  within  the  present  city 
limits,  for  the  term  of  ten  days  after  the  expiration  of  any  quar- 
ter, the  company  or  companies  so  in  default  shall  pay  a  penalty 
at  the  rate  of  thirty  per  cent,  per  annum,  on  the  amount  due 
from  it,  for  the  time  it  shall  continue  in  default ;  said  penalty  to 
be  recovered  by  an  action  of  debt,  in  the  name  of  the  Mayor  and 
City  Council  of  Baltimore. 

Park  Tax  Case,  84  Md.  1. 

P.  L.  L.,  (1888)  Art.  4,  sec.  769C.    1894,  ch.  550.      ' 

800.  If  any  officer,  agent  or  employee  of  any  street  railwav 


431 

company  within  the  City  of  Baltimore  shall  knowingly,  wilfully 
and  corruptly  certify  to  the  Board  of  Park  Commissioners  a  less 
sum  than  is  actually  due  as  the  park  tax  of  nine  per  centum  of 
the  gross  receipts  from  the  lines  of  such  company  within  the  city 
limits,  he  shall  be  guilty  of  a  misdemeanor,  and  on  conviction 
thereof  shall  suffer  imprisonment  for  not  more  than  six  months 
in  jail,  or  pay  a  fine  of  not  more  than  one  thousand  dollars,  or 
both,  in  the  discretion  of  the  Court, 

Park  Tax  Case,  84  Md.  1. 

RAILWAY  EASEMENTS  IN  ANNEX. 

1906,   ch.   566,   sec.   1. 

800a.  In  the  event  that  the  existing  street  railway  fran- 
chises, easements,  interests  or  rights  of  the  United  Railways  and 
Electric  Company  of  Baltimore  in  any  of  the  roads  within  the 
limits  of  that  part  of  Baltimore  City  known  as  the  Annex  as  to 
which  roads  the  said  Street  Railway  Company  is  not  legally 
liable  to  the  payment  of  the  park  tax  hereinafter  mentioned  or 
in  any  part  or  parts  oi  said  roads  or  any  of  them,  shall  in  any 
manner,  be  acquired  by  the  Mayor  and  City  Council  of  Balti- 
more pursuant  to  the  authority  conferred  upon  it  by  Chapter 
274  of  the  Acts  of  the  General  Assembly  of  Maryland  for  the 
year  1904  and  ordinance  of  the  Mayor  and  City  Council  of  Bal- 
timore No.  21G,  appro\'ed  ]\Iarch  11,  1905,  or  by  any  other  laws 
or  ordinances  relating  to  the  powers  and  duties  of  the  Commis- 
sioners for  Opening  Streets  under  said  Acts,  and  application  or 
applications  shall  afterwards  be  made  by  the  United  Railways 
and  Electric  Company  of  Baltimore,  to  the  Mayor  and  City 
Council  of  Baltimore,  subject  to  the  provisions  of  sections  7-12, 
both  inclusive,  and  section  37  of  Article  4,  entitled  ''City  of 
Baltimore,"  of  the  Code  of  Public  Local  Laws  of  Maryland,  for 
the  franchise  or  right  to  use  the  beds  of  said  roads,  or  any  of 
them,  for  its  railway  lines,  and  the  ordinance  or  ordinances, 
making  said  application,  or  applications,  sliall  be  duly  passed  by 
the  Alayor  and  City  Council  of  Baltimore,  then  with  the  consent 
of  the  Board  of  Estimates,  expressed  in  said  ordinance  or  ordi- 
nances, the  park  tax  of  nine  per  centum  upon  the  gross  receipts 
of  passenger  street  railway  companies  in  the  City  of  Baltimore, 
now  prescribed  and  j-egulated  by  sections  797-800  both  inclusive, 
of  Artich;  4,  entitled  "City  of  Baltimore,"  of  the  Code  of  I'nblic 
Local  Laws  of  Maryland,  shall  as  to  the  bed  or  beds  of  the  public 
highway  oi-  highways  covered  by  said  ordinance  or  ordinances, 
and  for  the  period  of  eleven  years  accounting  from  the  date,  or 
respective  dates  of  passage  of  said  ordinance  or  ordinances,  be 


432 

payable  and  paid  by  the  said  United  Railways  and  Electric 
Company  of  Baltimore,  its  successors  and  assigns,  to  the  Mayor 
and  City  Council  of  Baltimore  as  follows:  For  the  first  three 
years  of  said  period  of  eleven  years  the  gross  receipts  of  said 
company  from  its  lines  on  the  bed  or  beds  of  the  public  liighway 
or  highways  covered  by  said  ordinance  or  ordinances,  shall  be 
exempt  from  said  park  tax  as  at  present,  for  the  fourth  year  of 
said  period  of  eleven  years  they  shall  be  subject  to  said  park  tax 
at  the  rate  of  one  per  centum,  for  the  fifth  year  to  said  park  tax 
at  the  rate  of  two  per  centum,  for  the  sixth  year  to  said  park  tax 
at  the  rate  of  three  per  centum,  for  the  seventh  year  to  said  park 
tax  at  the  rate  of  four  per  centum,  for  the  eighth  year  to  said 
park  tax  at  the  rate  of  five  per  centum,  for  the  ninth  year  to  said 
park  tax  at  the  rate  of  six  per  centum,  for  the  tenth  year  to  said 
park  tax  at  the  rate  of  seven  per  centum,  for  the  eleventh  year  to 
said  park  tax  at  the  rate  of  eight  per  centum,  and  thereafter  to 
said  park  tax  at  the  general  rate  of  nine  per  centum  each  year, 
as  now  prescribed  and  regulated  as  aforesaid  by  sections  797- 
800,  both  inclusive,  of  Article  4,  entitled  "City  of  Baltimore," 
of  the  Code  of  Public  Local  Laws  of  Maryland,  or  at  such  other 
rate  or  rates  as  may  be  hereafter  prescribed  by  law ;  provided, 
however,  that  the  franchise  or  right  so  granted  to  the  United 
Railways  and  Electric  Company  of  Baltimore,  its  successors  and 
assigns  in  said  roads,  or  any  of  them,  may  in  the  discretion  of 
the  Board  of  Estimates  so  far  as  the  same  may  be  now  perpetual^ 
be  in  perpetuity;  provided,  however,  that  nothing  herein  shall 
be  construed  to  make  perpetual,  or  to  grant  in  perpetuity,  any 
franchise  or  right  whatsoever  (as  a  franchise  or  right  in  per- 
petuity) which  heretofore  has  not  been  owned  or  enjoyed  by  the 
said  United  Railways  and  Electric  Company  of  Baltimore  as 
and  for  a  right  perpetual,  or  franchise  or  right  in  perpetuity. 

1906,  ch.  566,  sec.  2. 
8001*.  In  view  of  the  fact  that  the  beds  or  parts  of  the  beds, 
of  said  roads,  or  some  of  them  are  now  occupied  by  the  United 
Railways  and  Electric  Company  of  Baltimore,  and  its  rights  in 
such  roadbeds,  or  parts  of  roadbeds,  are  proposed  to  be  acquired 
by  the  Mayor  and  Citv  Council  of  Baltimore  for  the  sole  purpose 
of  securing  for  the  public  the  unconditional  use  thereof  as  public 
highways,  the  Board  of  Estimates  is  hereby  authorized,  in  its 
discretion,  after  the  acquisition  of  said  roadbeds,  or  parts  of 
roadbeds,  by  the  Mayor  and  City  Council  of  Baltimore,  should 
the  United  Railways  and  Electric  Company  of  Baltimore,  its 
successor  and  assigns  apply  for  the  franchise  or  right  of  using 


433 

any  of  said  roadbeds,  or  part  of  roadbeds,  for  its  railway  lines, 
to  fix  the  compensation  or  compensations,  to  be  paid  therefor, 
without  reference  to  any  other  application,  or  applications,  for 
the  same  franchises  or  rights  by  any  other  person  or  corporation, 
and  free  from  the  obligation  cast  upon  it  by  section  37  of  Article 
4,  entitled  ''City  of  Baltimore,"  of  the  Code  of  Public  Local 
Laws  of  Maryland,  to  fix  the  compensation  to  the  Mayor  and 
City  Council  of  Baltimore  in  such  cases  at  the  largest  amount 
that  it  may  be  able  by  advertisements  or  otherwise  to  obtain  for 
the  franchise  or  right ;  provided,  however,  that  said  compensa- 
tion, or  compensations,  shall  in  no  case  be  fixed  by  said  Board  of 
Estimates  at  a  lower  sum  or  sums  than  the  sum  or  sums  which 
the  Mayor  and  City  Council  of  Baltimore  shall  have  paid,  or  be- 
come obliged  to  pay,  unto  said  Company,  whether  as  the  result 
of  condemnation  proceedings  or  otherwise,  under  the  provisions 
of  Chapter  274  of  the  Act  of  the  General  Assembly  of  Maryland 
for  the  year  1904,  for  the  purpose  of  acquiring  the  respective 
street  railway  franchises,  easements,  interests  or  rights  now  or 
hereafter  possessed  or  enjoyed  by  said  Company  in  said  re- 
spective roadbeds,  or  parts  of  roadbeds  as  to  which  said  applica- 
tion or  applications  for  new  franchises  or  rights  shall  or  may  be 
made  by  said  Company  as  aforesaid. 

RAILWAY  AREA  PAVING. 

1914,  ch.  37. 

800e.  That  there  is  hereby  imposed  upon  every  corporation 
occupying  with  railroad  or  street  railway  track  or  tracks  any 
portion  of  any  public  highway  in  Baltimore  City  which  shall 
hereafter  be  paved  or  repaved  with  improved  paving  by  the 
Paving  Commission  of  Baltimore  City,  the  State  Roads  Com- 
mission, the  City  Engineer,  the  Annex  Improvement  Commis- 
sion, or  any  other  public  commission,  board  or  agency,  the  obli- 
gation to  pay  for  the  cost  of  such  paving  within  the  space  cov- 
ered by  any  such  railroad  or  railway  track  or  tracks  and  for  a 
distance  of  two  feet  outside  of  each  outer  rail  of  such  track  or 
tracks.  The  cost  of  the  paving,  as  herein  used,  shall  be  construed 
to  include  the  cost  of  the  removal  of  the  old  cobble  or  other  pav- 
ing, and  all  excavation,  ballasting,  grading,  concreting  and  other 
work  involved  in  such  paving.  This  obligation  shall  apply  whether 
the  entire  street  be  paved  with  the  same  kind  of  improved  paving 
or  whether  one  kind  be  put  outside  of  the  railway  area  and  a 
different  kind  within  the  railway  area,  provided,  no  more  expen- 
sive nuitorial  or  consti'uction  l)o  nsod  in  the  i-ailway  area  than  is 
reasonably  necessary,  in  tlie   jndgTiHMit  of  the  Paving  (\)nnnis- 


434 

siou  or  other  agency  doing  such  paving,  for  the  proper  construc- 
tion of  the  paving  of  the  entire  street.  The  Paving  Commission, 
or  other  public  agency,  having  in  charge  the  construction  of  such 
paving,  may  permit  said  corporation  to  do  any  part  of  the  work 
within  the  railway  area  which  said  Commission  or  other  agency 
may  consider  can  be  done  by  said  corporation  without  detriment 
to  the  public  welfare  or  the  proper  progress  of  the  work.  In 
order  to  give  such  corporation  an  opportunity  to  do  any  part  or 
parts  of  the  work  which  it  may  be  authorized  to  do  by  said  Com- 
mission or  other  agency,  the  said  Commission  or  other  agency, 
before  beginning  work  upon  any  portion  of  a  street  occupied  by 
a  railroad  or  railway  track  or  tracks,  shall  give  to  the  corpora- 
tion owning,  operating  and  using  such  track  or  tracks  reasonable 
notice  of  its  intention  to  do  such  work  and  of  the  time  when  it 
proposes  to  begin  such  work  on  such  street.  The  said  Commis- 
sion or  other  agency,  shall  keep  an  accurate  account  of  the  cost 
of  the  work,  the  obligation  to  pay  for  which  is  imposed  by  this 
Act  upon  any  corporation. 

The  obligation  hereby  imposed  shall  be  a  lien  upon  the  prop- 
erty of  such  corporation  to  the  same  extent  as  ordinary  taxes 
against  the  property  of  such  corporation,  and  may  be  enforced 
and  collected  bv  the  same  remedies  used  for  the  enforcement  and 
collection  of  taxes,  and  pa\inent  thereof  may  be  enforced  by  the 
^layor  and  City  Council  of  Baltimore  by  a  suit  at  law  or  by  any 
other  remedy  provided  by  any  law  or  ordinance,  and  appropriate 
for  said  purpose.  All  said  remedies  shall  be  cumulative.  The 
city,  through  its  Paving  Commission,  or  other  Commission, 
board  or  agency  doing  such  paving,  may  pay  the  cost  of  the 
paving  in  the  railway  or  railroad  area  in  the  first  instance,  and 
in  that  event  the  said  cost  when  paid  by  the  railway  or  railroad 
corporation  shall  be  credited  to  the  fund  from  which  the  cost  of 
said  paving  shall  have  been  paid  in  the  first  instance;  and  the 
amount  of  the  cost  shall  be  due  and  payable  for  the  work  done  in 
the  railway  area  in  any  street  or  portion  of  a  street  embraced  in 
each  separate  contract  or  separate  undertaking  of  construction 
by  said  Paving  Commission  or  other  agency,  upon  the  com- 
pletion of  such  work.  Provided,  that  no  corporation  shall  be 
required  to  pay  under  or  by  virtue  of  the  provisions  of  this  Act 
more  than  $100,000  during  any  one  year.  If  the  cost  of  the 
work  for  which  any  corporation  is  made  liable  under  this  Act 
shall  exceed  $100,000  in  any  one  year,  the  excess  above 
$100,000  shall  not  be  due  and  payable  until  the  following  year ; 
the  intent  of  this  proviso  being  that  the  entire  obligation  imposed 
by  this  Act  shall  be  paid  by  every  corporation  upon  which  it  is 


435 

imposed,  but  that  no  corporation  shall  be  called  on  to  pay  more 
than  $100,000  thereof  in  any  one  year. 

1914,  ch.  37. 

800d.  That  nothing  herein  contained  shall  be  construed  to 
relieve  any  street  railway  or  railroad  corporation  of  any  obliga- 
tion existing  or  imposed  upon  it  by  any  law  or  ordinance  prior 
to  the  passage  of  this  Act. 

PROHIBITING  TRACKS  ON  CERTAIN  STREETS. 

p.  L.  L.,  (1888)  Art.  4,  sec.  769 A.  1892,  ch.  115.  1894.  oh.  69.  1894, 

ch.  150.  1894,  ch.  439.  1896,  ch.  74.  1896.  ch.  403.  1896,  ch.  405. 

1900,  ch.  149.  1902.  ch.  558.  1904,  ch.  35.  1906,  ch.  253. 

801.  It  shall  not  be  lawful  for  any  person  or  corporation  to 
lay  any  railway  track  upon  Mount  Royal  avenue  between  Guil- 
ford and  North  avenues,  or  upon  Cathedral  street  between  Sara- 
toga street  and  Mount  Royal  avenue,  or  upon  Saint  Paul  street 
from  Baltimore  street  northerly  to  Huntingdon  avenue,  or  upon 
Calvert  street  from  Read  street  northerly  to  the  city  limits,  or 
upon  Gough  street  from  Bond  street  easterly  to  Patterson  Park 
avenue,  or  upon  Broadway  from  Baltimore  street  north  to  North 
avenue,  except  upon  the  streets  where  tracks  are  now  laid,  or 
upon  Caroline  street  between  Preston  street  and  North  avenue, 
or  upon  Eager  street  between  Park  and  Wolfe  streets,  or  upon 
the  old  York  road  from  its  intersection  with  the  York  Turnpike 
to  Willow  avenue,  in  the  City  and  County  of  Baltimore,  or  upon 
McCulloh  street  between  Eutaw  street  and  North  avenue,  or 
upon  Baltimore  street  between  Patterson  Park  avenue  and 
Canton  street,  or  on  Barclay  street,  or  on  Biddle  street  between 
Broadway  and  Maryland  avenue,  and  when  the  tracks  of  the 
Lake  Roland  Elevated  Railway  Company  shall  have  been  re- 
moved from  Oak  Street,  Hampden  street,  Cedar  avenue.  Elm 
avenue  and  3krerryman's  lane,  in  the  City  of  Baltimore,  there- 
after it  shall  not  be  lawful  for  any  person  or  corporation  to  lay 
any  railway  tracks  upon  the  said  portion  of  said  streets  so  occu- 
pied by  the  said  Lake  Roland  Elevated  Railway  Company,  or 
upon  Hanover  street  between  Lee  street  in  the  City  of  Baltimore 
and  the  southoni  extremity  of  said  street  which  terminates  at 
Sj)ring  Garden  liarbor,  or  upon  any  of  the  streets,  lanes,  avennes 
and  highways  above  mentioncjd,  without  the  consent  of  the  Gen- 
eral A.ssembly  of  Maryland;  provided,  that  this  sub-division  of 
this  Article  shall  not  restrict  in  any  way  the  right  of  any  passen- 
ger railway  now  incorporated,  nr  that  may  hereafter  be  incorpo- 
rated, to  cross  said  streets  where  sucli  railway  company  shall  be 


436 

authorized  by  the  Mayor  and  City  Council  of  Baltimore  to  use 
any  street  or  avenue  opening  into  or  crossing  said  beforemen- 
tioned  streets  or  highways.  The  maintenance  or  laying  of  any 
tracks  for  street  railways  or  other  purposes  on  Cedar  avenue,  in 
the  City  of  Baltimore,  be  and  is  hereby  forbidden.  And  it  shall 
not  be  lawful  for  any  person  or  corporation  to  lay  any  railway 
tracks  upon  Chase  street,  between  Broadway  and  Maryland 
avenue,  nor  upon  Evergreen  Terrace,  between  Fulton  avenue 
and  Orem  lane  or  avenue,  in  the  City  of  Baltimore,  without  the 
consent  of  the  General  Assembly  of  Maryland. 

This  section  has  been  modified  to  conform  to  provisions  of  Acts  1900, 
ch.  149 ;  1902,  ch.  558 ;  1904,  ch.  35  and  1906,  ch.  253. 

1900.  ch.   746.     1902,  ch.  99. 

801a.  It  shall  not  be  lawful  for  any  person  or  corporation  to 
lay  any  railway  tracks  upon  Lombard  street,  between  Patterson 
Park  avenue  and  Exeter  street,  in  the  City  of  Baltimore,  without 
the  consent  of  the  General  Assembly  of  Maryland ;  provided, 
that  this  Act  shall  not  restrict  in  any  way  the  right  of  any  pas- 
senger railway  company  now  incorporated,  or  that  may  hereafter 
be  incorporated,  to  cross  said  Lombard  street,  when  such  railway 
company  shall  be  authorized  by  the  Mayor  and  City  Council  of 
Baltimore  to  use  any  street  or  avenue  opening  into  said  Lombard 
street ;  and  provided  further,  that  nothing  herein  contained  shall 
be  construed  to  impair  or  limit  in  any  manner  the  powers  and 
rights  of  the  Mayor  and  City  Council  of  Baltimore  to  regulate 
the  use  in  all  respects  of  said  street  under  the  provisions  of  this 
Article. 

The  Acts  of  1900,  ch.  746  and  1902,  ch.  99,  are  practically  identical  in 
considering  the  part  of  Lombard  street  affected  by  both  Acts. 

1910,  ch.  111. 

801b.  That  it  shall  not  be  lawful  for  any  person  or  corpora- 
tion to  lay  any  railroad  tracks  upon  Auchentoroly  terrace,  be- 
tween Orem  lane  or  avenue  and  Pennsylvania  avenue  or  Reis- 
terstown  turnpike,  in  the  City  of  Baltimore,  without  the  consent 
of  the  General  Assembly  of  Maryland. 

1910,  ch.  131. 

801o.  That  the  maintenance  or  laying  of  any  tracks  for  street 
railway  or  other  purposes  on  Charles  street,  between  Center  and 
Read  streets,  and  on  Monument  street,  between  Park  avenue  and 
St.  Paid  street,  in  the  City  of  Baltimore,  be  and  is  hereby  for- 
bidden. 


437 

1910,  ch.  569. 

801d.  That  the  maintenance  or  laying  of  any  tracks  for 
street  railway  or  other  purposes  on  Biddle  street,  between  Cal- 
vert street  and  Maryland  avenue,  in  the  City  of  Baltimore,  be 
and  the  same  is  hereby  forbidden ;  provided,  however,  that  noth- 
ing in  this  Act  shall  be  construed  to  interfere  with  the  mainte- 
nance of  tracks  already  laid  in  said  City  of  Baltimore  on  streets 
crossing  said  Biddle  street  between  said  Calvert  street  and  Mary- 
land avenue. 

RECORDS. 

1886,  ch.  289.     P.  L.  L..   (1888)  Art.  4,  sec.  770. 

802.  It  shall  be  the  duty  of  the  Clerk  of  the  Superior  Court 
of  Baltimore  City  to  formulate  and  prepare  a  new  plan  or  system 
for  the  indexing  of  all  deeds,  conveyances  and  other  papers  re- 
quired b}-  law  to  be  recorded  among  the  land  records  in  his  office, 
and  submit  the  same  to  the  Supreme  Bench  of  Baltimore  City 
for  its  approval. 

1886,  ch.  289.     P.  L.  L.,   (1888)   Art.  4,  sec.  771. 

803.  Upon  the  adoption  and  approval  of  the  plan  or  system 
of  indexing  authorized  by  the  preceding  section,  the  Clerk  of  the 
Superior  Court  of  Baltimore  City  is  authorized  and  directed  to 
make  and  prepare  for  use  in  his  said  office,  a  new  index  of  all 
land  records  and  conveyances  in  his  keeping,  upon  the  plan  or 
system  so  adopted  and  approved,  in  books  suitable  for  the  pur- 
pose ;  and  all  deeds  and  conveyances  hereafter  recorded  among 
said  land  records,  shall  be  indexed  upon  the  plan  or  system 
aforesaid. 

1886,  ch.  289.     P.  L.  L.,   (1888)  Art.  4,  sec.  772. 

804.  Whenever,  from  age  or  wear,  any  of  the  record  books  in 
the  keeping  of  the  Clerk  of  the  Superior  Court  of  Baltimore 
City  shall  be  in  danger  of  destruction  or  obliteration,  it  shall  be 
the  duty  of  tlie  Clerk  of  said  Court,  when  required  so  to  do  by 
the  Supreme  Bench  of  said  city,  to  renew  any  such  record  book 
by  transcribing  the  same  into  new  books. 

1886,  ch.  2S;>.     I*.  I..  L..    (ISSS)   Art.    I,  sec.  77:5. 

805.  'I  he  cost  of  making  and  preparing  such  new  indexes 
and  records  shall  be  paid  out  of  tlie  fees  collected  by  tlie  Clerk  of 
the  Superior  Court  aforesaid. 


438 
SABBATH. 

1SS6,  ch.  433.    P.  L.  L.,  (1888)  Art.  4,  sec.  774. 

806.  xso  vehicle  of  any  description  shall  be  permitted  to 
carry  ice  upon  the  streets  or  highways  of  Baltimore  City,  for  the 
purpose  of  selling  the  same,  on  the  Sabbath  Day,  commonly 
called  Sunday. 

1886,  ch.  4.33.     P.  L.  I...   (1S88)   Art.  4,  sec.  775. 

807.  If  any  person  or  corporation  be  found  guilty  of  causing 
or  in  any  way  contributing  to  the  violation  of  the  preceding 
section,  he  or  it  shall  be  subjected  to  a  fine  of  not  more  than  fifty 
dollars,  in  the  discretion  of  the  courts. 

SCHOOLS. 

Intestates'  Estates. 
P.  L.  L.,   (I860)   Art.  4,  sec.  829.     P.  L.  L.,   (1888)   Art.  4.  sec.  781. 

808.  The  Orphans'  Court  of  said  city  shall  order  and  direct 
the  funds  arising  from  intestates'  estates  that  may  be  admin- 
istered upon  in  said  court,  and  which  remain  undistributed  for 
want  of  legal  representatives  of  the  intestates  to  claim  the  same, 
to  be  paid  to  the  Board  of  School  Commissioners. 

Savings  Bank  v.  Weeks,  103  Md.  601. 

P.  L.  L..   (1860)   Art.  4.  sec.  830.     P.  L.  L.,    (1888)   Art.  4,  sec.  782. 

809.  The  Court  shall  not  make  such  order  until  they  shall 
be  satisfied  that  the  intestate  left  no  legal  representatives  living 
at  the  time  of  his  death ;  and  they  shall  cause  the  administrator 
of  such  intestates  to  give  notice,  by  advertisement  to  be  inserted 
for  such  periods  of  time  and  in  newspapers  published  in  such 
places  as  they  may  deem  necessary,  that  upon  default  of  the 
appearance  of  any  legal  representative  of  the  intestate,  by  a 
certain  day  to  be  fixed  by  the  Court  and  named  in  said  adver- 
tisement, the  estate  of  said  intestate  will  be  paid  to  the  Board  of 
School  Commissioners. 

Charlotte  Hall  v.   Greenwell,  4  G  &  J.  407.     Thomas  v.   Visitors  of 
Frederick  County  School,  7  G.  &  J.  369. 

Requisites  necessary  to  entitle  the  city  or  State  to  claim  funds. 
State  V.   Gittings,   125  Md.  . 

P.  L.  L.,   (1860)   Art.  4,  sec.  831.     P.  L.  L.,   (18.S8)   Art.  4,  sec.  78.3. 

810.  They  shall,  upon  passing  an  order  directing  such  pay- 
ment, require  from  the  Treasurer  of  the  Board  of  School  Com- 


439 

missioners,  or  any  other  officer  who  may  he  appointed  by  the 
said  Board  of  School  Commissioners  or  the  Mayor  and  City 
Council  of  said  city  to  receive  such  funds,  a  receipt  and  release 
to  the  administrator  for  the  same. 

P.  L.  L.,   (1860)  Art.  4,  sec.  832.     P.  L.  L.,   (1888)  Art.  4,  sec.  784. 

811.  The  release  shall  contain  an  obligation  that  the  said 
funds  shall  be  applied  by  the  Board  of  School  Commissioners  to 
the  use  and  support  of  the  public  schools  of  the  City  of  Balti- 
more, and  shall  be  recorded  and  preserved  in  said  court  as  other 
records  are. 

P.  L.  L.,   (1860)   Art.  4,  sec.  833.     P.  L.  L.,   (1888)   Art  4,  sec.  785. 

812.  If  the  estate  of  an  intestate  shall  be  paid  to  the  Board 
of  School  Commissioners  under  this  law,  and  any  legal  repre- 
sentatives of  the  intestate  of  no  remoter  degrees  among  collat- 
erals than  brothers'  or  sisters'  children,  shall  at  any  time  appear 
and  prove  him,  her  or  themselves  to  be  such  legal  representatives, 
the  Board  of  School  Commissioners  who  received  such  estate,  or 
their  successors,  if  the  same  shall  be  in  their  hands  or  shall  have 
been  applied  to  the  use  of  the  public  schools,  shall  restore  the 
same  to  such  legal  representatives  out  of  the  school  fund  under 
their  direction. 

P.  L.  L.,   (1860)  Art.  4,  sec.  834.     P.  L.  L.,   (1888)   Art.  4,  sec.  786. 

813.  Nothing  contained  in  this  sub-division  of  this  Article 
shall  be  construed  to  interfere  with  or  affect  the  rights  vested  in 
the  Charitable  Marine  Society  of  Baltimore. 

JOHNS  HOPKINS  UNIVEKSITY. 

1876,  ch.  84.     P.  L.  L.,   (1888)  Art.  4,  sec.  787. 

814.  The  Johns  Hopkins  University,  a  corporation  duly 
incorporated  by  certificate  recorded  in  the  office  of  the  Clerk  of 
the  Circuit  Court  for  Baltimore  County  sliall  have  power  to  es- 
tablish branches  of  the  said  university  in  the  City  of  Baltimore, 
to  hold,  or  to  purchase  and  hold,  all  property  in  said  city,  needed 
for  the  successful  conducting  of  the  branches  of  the  said  univer- 
sity in  said  city,  and  to  keep  and  maintain  a  principal  office  in 
said  city  for  the  conduct  of  the  business  of  the  said  university. 

1876,  ch.  84.     P.  L.  L..   (1888)   Art.  4,  see.  789. 

815.  The  said  Johns  Hopkins  University  shall  liave  power  to 
admit  students  of  the  said  university  who  shall  merit  distinction 
to  the  office  and  profession  of  surgeon,  or  to  the  degree  of  doctor 
of  medicine,  or  of  doctor  of  hivvs,  or  of  bachelor  or  master  of 
arts;  to  grant  to  students  in  such  university  such  certificates  of 


440 

proficiency  aud  attainments  in  any  special  study  as  the  said 
university  may  see  proper  to  confer ;  and  to  grant  the  honorary 
degrees  of  doctor  of  laws,  doctor  of  medicine,  and  master  of  arts, 
or  such  other  degrees  as  may  be  proper,  to  any  person  who  may 
merit  such  distinction,  whether  such  person  be  a  student  of  such 
university  or  not. 

McDONOGH  EDUCATIONAL  FUND  AND  INSTITUTE 
AND  OTHER  INSTITUTIONS. 

1888,  ch.  102.     P.  L.  L.,   (1888)  Art.  4,  sec.  789. 
816.     The  Mayor  and  City  Council  of  Baltimore  is  author- 
ized, upon  the  transfer  and  surrender  to  it,  by  the  Board  of 
Trustees  of  the  JMcDonogh  Educational  Fund  and  Institute,  of 
the  city  stock  or  certificates  of  indebtedness,  in  which  the  said 
educational  fund  is  now,  under  the  city  ordinances,  invested,  in 
consideration  of  such  transfer  and  surrender,  to  issue  and  de- 
liver to  the  said  Board  of  Trustees,  the  stock  or  certificates  of 
indebtedness  of  the  Mayor  and  City  Council  of  Baltimore,  to 
the  amount  of  one  million  dollars,  in  the  form  prescribed  by  law 
for  such  certificates,  redeemable  in  the  year  of  our  Lord,  nine- 
teen hundred  and  thirty-eight,   and  bearing  interest,  payable 
quarterly,  at  the  rate  of  five  per  cent,  per  annum.     To  pass  an 
ordinance  providing  for  the  said  transfer  and  surrender  of  said 
city  stock  or  certificates  of  indebtedness,  in  which  the  educational 
fund  derived  under  the  will  of  John  McDonogh,  is  now  invested, 
and  for  the  issue  and  delivery  to  the  Trustees  of  the  McDonogh 
Educational  Fund  and  Institute,  in  consideration  of  such  trans- 
fer of  said  city  stock  or  certificates  of  indebtedness  of  the  Mayor 
and  City  Council  of  Baltimore,  to  the  amount  of  one  million 
dollars.     Before  the  ordinance  which  the  Mayor  and  City  Coun- 
cil of  Baltimore  is  authorized  and  empowered  to  pass,  shall  take 
eftect,  it  shall  be  approved  by  a  majority  of  the  votes  of  the  legal 
voters  of  the  said  city,  cast  at  the  time  and  place  to  be  appointed 
by  said  ordinance  for  submitting  the  same  to  the  legal  voters  of 
said  city,  as  required  by  section  7  of  Article  XI,  of  the  Constitu- 
tion of  Maryland.     To  appropriate  annually  for  the  Baltimore 
Manual  Labor  School  for  Indigent  Boys,  sum  or  sums  of  money 
not  exceeding  fifteen  hundred  dollars  per  annum.     Upon  trans- 
fer and  surrender  to  it,  by  the  Peabody  Institute  of  the  City  of 
Baltimore,  of  six  per  cent,  city  stock,  to  an  amount  not  exceeding 
five  hundred  thousand  dollars,  to  issue  and  deliver  to  the  said 
Peabody  Institute,  in  consideration  of  such  transfer  and  sur- 
render, city  stock  in  the  form  prescribed  for  such  certificates  by 
the  Baltimore  City  Code  of  eighteen  hundred  and  seventy-nine, 


441 

redeemable  in  the  year  of  our  Lord  nineteen  hundred  and  fifty, 
and  bearing  interest  at  the  rate  of  not  more  than  five  per  cent, 
per  annnm,  payable  quarterly ;  and  to  pass  an  ordinance  provid- 
ing for  such  transfer  of  said  stock,  and  for  the  issue  and  deli\'erv 
to  the  said  Peabody  Institute,  in  consideration  of  such  transfer 
and  surrender  of  stock  or  certificates  of  indebtedness  of  the 
Mayor  and  City  Council  of  Baltimore,  to  the  amount  of  not  over 
five  hundred  thousand  dollars,  as  authorized  above,  bearing  in- 
terest at  not  more  than  five  per  cent,  per  annum,  payable 
quarterly. 

TEXT  BOOK  UPOIi  CIVIL  GOVERNMENT. 

1898,  ch.  520. 
816a.  The  State  Board  of  Education  and  the  Board  of  Pub- 
lic School  Commissioners  of  Baltimore  City  are  hereby  required 
to  furnish  the  public  schools  of  this  State  with  a  text-book  upon 
civil  government  in  addition  to  the  text-books  now  furnished 
them,  and  shall  be  included  in  the  branches  of  study  now  taught 
in  the  public  schools,  and  shall  be  taught  to  and  be  studied  by  all 
pupils  whose  capacity  will  admit  of  it,  in  all  departments  of  the 
public  schools  of  this  State  and  in  all  educational  institutions 
supported  wholly  or  in  part  by  money  from  the  State. 

SEWERS. 

P.  L.  L.,    (1860)   Art.  4,  sec.  836.     P.  L.  L.,   (1888)   Art.  4,  sec.  793. 

817.  If  any  person  shall  wilfully  stop  up,  obstruct,  injure  or 
damage  the  passage  of  the  waters  of  any  of  the  common  or  pri- 
vate sewers  or  drains,  he  shall  be  fined  a  sum  not  exceeding  one 
hundred  dollars,  to  be  collected  as  other  fines  are  collected. 

1868,  ch.  181.     P.  L.  L.,   (1888)  Art.  4,  sec.  794. 

818.  The  Mavor  and  Citv  Council  of  Baltimore  shall  have 
full  power  to  provide  for  constructing,  opening,  enlarging  or 
straightening,  subject  to  the  provisions  hereinbefore  contained 
as  to  the  Board  of  Public  Improvements. and  the  Board  of  Esti- 
mates, any  sewer  or  drain,  public  or  private,  through  any  private 
property,  upon  giving  thirty  days'  notice  in  writing  to  the  owner 
or  agent  of  said  private  property,  or  to  one  of  them,  if  more  than 
one,  leaving  such  notice  at  the  usual  place  of  abode  of  such  owner 
or  agent,  or  at  the  usual  place  of  abode  of  one  of  them,  if  more 
than  one,  or  if  none  of  said  parties  live  in  the  City  of  Baltimore, 
by  setting  up  said  notice  on  the  land  or  premises ;  to  provide  for 
ascertaining  what  amount  of  actual  benefit  will  thereby  accrue 
to  the  owner  or  possessor  of  any  ground  or  improvements  within 


442 

or  adjoining  the  city,  being  governed  as  far  as  practicable  by  the 
number  of  siiperlicial  feet  drained,  and  to  provide  for  assessing 
and  levying,  either  generally  on  the  whole  assessable  property  of 
the  said  city,  or  by  a  loan  for  the  special  purpose  for  construct- 
ing, opening,  enlarging  or  straightening  any  sewer,  the  sum 
necessary  to  pay  the  expense  or  cost,  or  specially  on  the  property 
of  persons  actually  benefited,  the  whole  or  any  part  of  the  dam- 
ages and  expenses  which  they  shall  ascertain  will  be  incurred  in 
constructing,  opening,  enlarging  or  straightening  any  sewer  in 
any  street,  lane  or  alley,  or  through  any  private  property  in  said 
city;  to  provide  for  granting  appeals  to  the  Court  having  juris- 
diction thereof  in  Baltimore  City,  from  the  decision  of  any 
commissioners  or  other  persons  appointed  in  virtue  of  any  ordi- 
nance to  ascertain  the  damage  which  will  be  incurred  or  the 
benefits  which  will  accrue  to  the  owners  or  possessors  of  any 
ground  or  improvements  for  constructing,  opening,  enlarging  or 
straightening  in  any  street,  lane  or  alley,  or  through  any  private 
property,  any  sewer  which  in  their  opinion  the  public  welfare  or 
convenience  may  reauire,  and  for  securing  to  every  such  owner 
or  possessor  the  right  on  application  within  a  reasonable  time  to 
have  decided  by  a  jury  trial  whether  any  damage  and  what 
amount  of  damage  has  been  caused,  or  whether  any  benefit  and 
what  amount  of  benefit,  has  accrued  to  them ;  and  to  provide  for 
collecting  and  paying  over  the  amount  of  compensation  adjudged 
to  each  person  to  receive  the  same,  or  investing  in  stock  of  said 
corporation,  bearing  interest  of  five  per  centum  per  annum,  for 
the  use  of  any  person  who  because  of  infancy,  absence  from  the 
city,  or  other  cause,  may  be  prevented  from  receiving  it,  before 
any  sewer  shall  be  constructed,  opened,  enlarged  or  straightened 
in  any  street,  lane  or  alley,  or  through  any  private  property,  and 
to  enact  and  pass  all  ordinances  from  time  to  time  which  shall  be 
deemed  necessary  and  proper  to  exercise  the  power  and  effect 
the  objects  herein  specified. 

1868,  ch.  181.    p.  L.  L.,   (1888)  Art.  4,  sec.  795. 

819.  The  amount  of  benefits  assessed  on  any  property  for 
constructing,  opening,  enlarging  or  straightening  any  sewer  in 
any  street,  lane  or  alley,  or  through  any  private  property,  con- 
structed, opened,  enlarged  or  straightened  by  virtue  of  any  ordi- 
nance passed  by  the  Mayor  and  City  Council  of  Baltimore,  shall 
be  a  lien  on  the  property  and  recoverable  as  city  taxes  are. 

820.  No  private  sewer  or  drain  shall  be  constructed,  altered, 

or  repaired  without  a  permit  from  the  City  Engineer. 

Sec.  820  is  modified  by  Act  1906,  ch.  144.  See  ante,  Sec.  6,  sub-division 
"Sewers,"  page  28. 


443 

1868,  ch.  181.     P.  L.  L..   (1888)   Art.  4.  sec.  796.     1906,  ch.  103. 

821,  Before  the  Mayor  and  City  Council  of  Baltimore  shall 
pass  any  ordinance  under  this  Article  relating  to  the  construct- 
ing, opening,  enlarging  or  straightening  any  sewer  through  any 
private  street,  lane  or  alley,  or  through  any  private  property, 
notice  shall  be  given  of  an  application  for  the  passage  of  such  an 
ordinance  in  at  least  two  of  the  daily  newspapers  of  said  city 
twace  a  week  for  thirty  days. 

1868,  ch.  181.     P.  L.  L.,   (1888)  Art.  4,  sec.  797. 

822.  Before  any  Commissioners  appointed  by  any  ordinance 
of  said  corporation  under  the  preceding  sections  hereof  shall 
proceed  to  the  performance  of  their  duty,  they  shall  give  daily 
notice,  in  at  least  two  newspapers  in  the  City  of  Baltimore,  of 
the  object  of  the  ordinance  under  which  they  propose  to  act,  at 
least  thirty  days  before  the  time  of  the  first  meeting  to  execute 
the  same. 

1868,  ch.  181.    P.  L.  L.,  (1888)  Art.  4,  sec.  798. 

823.  Should  the  Commissioners  appointed  by  the  Mayor  and 
City  Council  of  Baltimore  assess  any  part  of  the  expense  and 
damage  incurred  in  the  construction,  opening,  enlarging  or 
straightening  any  sewer  in  the  city,  upon  the  Mayor  and  City 
Council  of  Baltimore,  the  said  Mayor  and  City  Council  of  Balti- 
more may  levy  a  tax  on  the  assessable  property  of  the  city  for 
the  amount  of  such  assessment,  or  thev  mav  raise  the  necessarv 
amount  by  a  loan,  for  the  payment  of  which  they  may  create  a 
sinking  fund  to  meet  the  liabilities  incurred ;  and  may  also  levy 
on  the  assessable  property  of  the  City  of  Baltimore  from  time  to 
time  such  sums  as  may  be  necessary  to  provide  therefor,  and  for 
the  principal  and  interest  of  the  liabilities  incurred,  and  may 
pass  all  ordinances  necessary  to  carry  out  the  provisions  of  the 
same. 

1882,  ch.  406.     1888,  ch.  131.     V.  L.  L.,    (1888)   Art.  4,  sec.  799. 

824,  The  Mayor  and  City  Council  of  Baltimore  are  author 
ized  to  issue  the  stock  of  the  City  of  Baltimore  for  the  amount  of 
five  millions  of  dollars ;  said  stock  to  be  issued  from  time  to  time 
as  the  Mayor  and  City  Council  of  Baltimore  shall  by  ordinance 
prescribe;  the  proceeds  of  said  stock  to  be  used  for  the  opening, 
widening,  paving  and  repaving  of  streets,  the  constructing  of 
sewers,  the  supplying  of  school  buildings  in  the  City  of  Balti- 
more, and  the  improvement  of  the  public  parks.  The  said  stock 
shall  be  in  such  amounts,  payable  at  such  time  or  times,  and  sliall 
hear  such  rate  of  interest  as  the  said  Mayor  and  City  Council  of 
Baltimore  shall  provide  by  ordinance;  but  the  said  stock  shall 


444 

not  be  issued  unless  the  ordinance  which  the  Mayor  and  City 
Council  of  Baltimore  is  hereby  authorized  to  enact  shall  be  ap- 
proved by  a  majority  of  the  votes  of  the  legal  voters  of  said  city, 
cast  at  the  time  and  place  to  be  appointed  by  said  ordinance  in 
the  provision  for  submitting  the  same  to  the  legal  voters  of  said 
city,  as  required  by  section  7  of  Article  XI,  of  the  Constitution 
of  the  State. 

NEW  SEWERAGE  SYSTEM. 

1901,  ch.  19.  1904,  ch.  349,  sec.  1. 
824a.  The  Mayor  of  the  City  of  Baltimore  is  hereby  author- 
ized to  appoint  in  the  manner  prescribed  by  section  25  of  Article 
4,  entitled  "City  of  Baltimore,"  of  the  Public  Local  Laws  of 
Maryland,  and  subject  to  the  condition  that  three  appointees 
shall  be  members  of  the  minority  party  within  the  meaning  of 
section  30  of  said  Article,  six  capable  and  upright  citizens  of  the 
City  of  Baltimore,  who,  together  with  the  Mayor  himself  ex 
officio,  shall  constitute  a  special  commission  to  be  known  as  the 
Sewerage  Commission  of  the  City  of  Baltimore,  and  who  shall 
continue  in  office  from  year  to  year  until  the  work  of  said  com- 
mission under  this  Act  has  been  fully  and  finally  completed  in 
every  respect.  If,  however,  the  Second  Branch  of  the  City 
Council  of  the  City  of  Baltimore  shall  reject  three  several  and 
successive  nominations  by  the  Mayor  to  any  position  on  said 
commission,  he  shall  be  empowered  to  make  an  appointment 
thereto  without  its  confirmation.  No  municipal  official  or  other 
officer  of  the  Mayor  and  City  Council  of  Baltimore,  whether 
holding  a  paid  or  an  unpaid  office  or  position  under  the  said 
corporation  shall  be  eligible  for  appointment  to  said  commission, 
and  all  persons  appointed  to  said  commission  shall  qualify  and 
be  subject  to  removal  by  the  Mayor,  except  that  there  shall 
be  no  removal  at  any  time  save  for  cause  after  charges  pre- 
ferred, as  prescribed  by  said  Section  25  of  Article  4,  entitled 
"City  of  Baltimore,"  of  the  Public  Local  Laws  of  Maryland. 
Any  member  of  said  commission  may  at  any  time  resign  there- 
from by  tendering  his  resignation  in  writing  to  the  Mayor,  and 
any  vacancy  in  said  commission  occasioned  by  the  resignation, 
removal,  death  or  permanent  absence  from  this  State  of  the  in- 
cumbent, or  by  supervening  incapacity  upon  his  part,  whether 
physical  or  mental,  to  discharge  his  duties,  or  by  any  other 
cause  operating  such  a  vacancy,  either  actually  or  in  effect,  shall 
be  filled  by  the  Mayor  in  the  manner  and  subject  to  all  the  con- 
ditions as  to  minority  representation,  qualification  and  removal 
hereinbefore  provided  for  as  to  original  appointees  to  said  com- 


445 

mission.  All  the  members  of  said  commission  shall  receive  such 
compensation  as  the  Major  and  City  Council  shall  by  ordinance 
provide,  not,  however,  to  exceed  for  the  chairman  the  sum  of 
three  thousand  dollars  and  for  the  other  members  of  said  com- 
mission a  sum  not  exceeding  fifteen  hundred  dollars  each;  and  a 
majority  of  said  members  shall  be  a  lawful  quorum  for  the  trans- 
action of  business ;  and  said  commission  shall  be  taken  as  super- 
seding in  every  respect  the  Sewerage  Commission  of  the  City  of 
Baltipiore  (assuming  that  said  last  mentioned  commission  is  not 
already  functus  officio)  appointed  under  Resolution  N^o.  189  of 
the  Mayor  and  City  Council  of  Baltimore,  approved  May  25, 
1893,  and  continued  (or  attempted  to  be  continued)  by  the 
terms  of  ordinance  N^o.  2  of  the  Mayor  and  City  Council  of 
Baltimore,  approved  ISTovember  14,  1899 ;  and  shall  be  entitled 
to  the  possession  and  custody  of  all  maps,  plats,  blue  prints, 
sketches,  books,  papers,  documents,  writings,  letters  and  chattels 
in  the  possession  of  said  last  mentioned  commission ;  and,  so 
soon  as  the  appointed  members  of  said  commission  shall  be  quali- 
fied, they  shall,  with  the  Mayor  acting  as  a  member  of  said  com- 
mission ex  officio,  organize  by  the  election  of  one  of  the  members 
of  said  commission  as  chairman  of  said  commission,  who  shall 
be  removable  at  pleasure  by  said  commission,  and  shall  receive 
such  compensation  as  it  may  determine,  not  exceeding  the  sum 
of  three  thousand  dollars  per  annum,  and  shall  preside  over  the 
meetings  of  said  commission  and  perform  such  other  duties  as 
are  imposed  upon  him  by  this  Act,  or  as  may  be  assigned  to  him 
by  said  commission,  and  by  the  election  of  a  secretary,  not  a 
member  of  said  commission,  who  shall  be  removable  at  pleasure 
by  said  commission,  and  shall  receive  such  compensation  as  it 
may  determine,  not  exceeding  the  sum  of  twenty-five  hundred 
dollars  per  annum,  and  shall  enter  into  a  well-bound  book  and 
carefully  preserve  neat,  legible  and  accurate  minutes  of  all  meet- 
ings of  said  commission  and  perform  such  other  duties  as  usually 
appertain  to  the  office  of  secretary  of  a  private  corporation  or  as 
are  imposed  upon  him  by  this  Act  or  as  ma,y  bo  assigned  to  him 
by  said  commission.  All  sessions  or  meetings  of  said  commis- 
sion shall  be  open  and  public  and  all  its  records  shall  be  public 
records,  and  it  shall  annually  make  to  the  Mayor  a  detailed 
report  of  all  its  official  transactions  and  expenditures. 

1904,  ch.  349,  sec.  2. 

824b.     Said  commission  shall  be  charged  with  the  duty  of 

projecting,  constructing  and  establishing  a  sewerage  system  for 

the  collection,  transmission  and  disposal  of  the  house  and  other 

sewage  and  drainage  of  the  City  of  Jialtimore,  including,  either 


446 

as  a  combined  or  separate  feature  of  said  system  the  collection, 
transmission  and  disposal  of  storm  and  ground  water,  respective- 
ly, and  shall  be  clothed  with  each  and  every  and  all  powers 
which,  by  anything  short  of  a  palpably  forced  construction,  may 
be  held  to  be  necessary  or  proper  for  these  purposes,  or  either  of 
them,  among  which  powers  shall  be  the  following,  that  is  to  say : 

1.  To  make  all  such  preliminary  investigations  and  to  do  all 
such  preliminary  work  as  should,  in  its  judgment,  precede  the 
actual  projection,  construction  and  establishment  of  said  system 
of  sewerage. 

2.  To  project  and  adopt  such  a  system  of  sewerage  as  it  may 
deem  best  calculated  to  promote  the  objects  of  this  Act. 

3.  To  construct  and  establish  all  such  local,  district,  lateral, 
intercepting,  outfall  or  other  sewers,  and  all  such  conduits, 
drains  and  pumping  or  other  plants,  and  all  such  buildings, 
structures,  works,  apparatus  or  agencies,  and  to  lay  all  such 
mains  and  pipes  and  to  create  or  use,  or  create  and  use,  all  such 
instrumentalities  and  means,  within  the  City  of  Baltimore,  or 
any  counties  of  the  State,  including  submerged  as  well  as  other 
lands,  as  it  may  deem  expedient  for  carrying  said  system  of 
sewerage,  projected  and  adopted  as  aforesaid  into  full  effect. 
And  said  commission  is  hereby  specifically  empowered  to  lay  or 
construct,  and  the  Mayor  and  City  Council  of  Baltimore  to 
maintain,  without  compensation  to  the  State,  any  part  or  parts 
of  said  system  of  sewerage,  or  of  its  works  or  appurtenances, 
over  or  upon  any  part  or  parts  of  the  bed  of  the  Patapsco  river 
or  its  branches,  or  of  any  land  covered  by  any  of  the  navigable 
waters  of  this  State,  the  title  to  which  is  held  by  this  State,  and 
if  the  same  be  deemed  advisable  by  the  said  commission,  the 
Governor  of  Maryland  is  hereby  authorized  and  directed,  upon 
the  application  of  the  said  commission,  to  execute,  acknowledge 
and  deliver  to  the  Mayor  and  City  Council  of  Baltimore  such 
deed  or  deeds  as  may  be  proper  for  the  purpose  of  fully  con- 
firming this  grant. 

4.  To  incorporate  with  said  system  of  sewerage  or  otherwise 
utilize  for  the  purpose  of  this  Act,  so  far  as  it  may  deem  ex- 
pedient, any  or  all  existing  public  sewers  or  drains,  including 
storm  water  sewers  and  drains,  in  the  City  of  Baltimore,  and 
any  and  all  of  their  appurtenances,  either  in  their  present  con- 
dition or  with  such  repairs,  modifications  or  changes  as  said 
commission  may  see  fit  to  make,  and  to  condemn,  close  up, 
abolish  or  destroy,  in  its  discretion,  any  or  all  such  existing 
public  sewers  and  drains,  or  to  alter  their  functions,  or  to  in- 
crease their  burdens,  as  it  may  think  best. 


447 

5.  To  appoint  or  employ  a  chief  engineer  and  snch  other 
professional  or  technical  advisers  and  experts,  and  such  agents, 
assistants,  clerks,  employes  and  laborers,  skilled  or  nnskilled, 
of  all  kinds,  as  it  may  deem  requisite,  for  the  due  and  proper 
execution  of  the  duties  devolved  upon  it  by  this  Act,  or  any 
of  them,  and  to  fix  their  respective  compensations  and  to  remove 
or  discharge  them  at  pleasure  (except  such  highly  trained,  ex- 
perienced or  skilled  individuals  as  it  may  agree  to  appoint  or 
employ  upon  special  terms  for  definite  and  fixed  periods  of 
time),  and  to  exact  from  them  such  indemnity  bonds  for  the 
proper  performance  of  their  respective  duties,  as  it  may  deem 
proper. 

6.  To  frame,  promulgate  and  enforce  such  reasonable  rules 
and  regulations  for  its  own  government  and  for  the  supervision, 
protection,  management  and  conduct  of  its  work  as  it  may  be- 
lieve expedient. 

7.  To  make  and  enter  in  the  name  and  on  behalf  of  the 
Mayor  and  City  Council  of  Baltimore  any  and  all  contracts, 
agreements  or  stipulations  germane  to  the  scope  of  its  duties 
and  powers  under  this  Act. 

8.  To  purchase,  hire  or  otherwise  lawfully  obtain  the  use 
of  all  such  machinery,  tools,  implements,  appliances,  supplies, 
materials  and  working  agencies  as  it  may  need  for  its  purposes ; 
provided,  however,  that  this  enumeration  of  special  powers  shall 
not  be  construed  as  restricting  in  any  degree  the  scope  of  the 
general  powers  hereinbefore  conferred  upon  said  commission ; 
and  provided,  further,  that  said  commission  shall  have  no  auth- 
ority to  construct  and  establish  any  sewerage  system  involving 
the  discharge  of  sewage,  as  distinguished  from  storm  water 
or  ground  drainage,  into  the  Chesapeake  Bay  or  any  of  its  trib- 
utaries. 

Provisions  in  contracts  making  engineer  arbiter  binding. 
Baltimore  v.  Talbott,   120  Md.  354. 

1904,  ch.  349,  sec.  3. 
824c.  The  Mayor  and  City  Council  of  Baltimore  acting  by 
and  through  the  agency  of  said  commission,  may  acquire  by  gift, 
purcliase,  lease,  whatever  the  duration  of  the  lease,  or  other  like 
methods  of  acquisition,  or  by  condemnation,  any  land  or  prop- 
erty situated  whollv  or  partly  within  the  City  of  Baltimore  or 
within  any  of  the  counties  of  this  State,  or  any  interest,  fran- 
chise, easement,  right  or  privilege  therein  which  may  be  re- 
quired for  the  purpose  of  constructing  and  establisliing  said  sew- 
erage system,  or  any  part  or  parts  thereof,  or  that  may  be  needed 
for  the  workings  of  said  system  when  established,  and  when 


448 

and  so  often  as  resort  shall  be  had  to  condemnation  proceed- 
ings, the  procedure  shall  be  that  marked  out  by  sections  360  to 
365,  inclusive,  of  Article  23  of  the  Code  of  Public  General  Laws 
of  Maryland,  relating  to  condemnation  of  property  by  corpora- 
tions ;  or  so  far  as  the  acquisition  by  condemnation  of  any  such 
land  or  property  situated  wholly  or  partly  within  the  City  of 
Baltimore,  or  any  interest,  franchise,  easement,  right  or  privi- 
lege therein  is  concerned,  may  in  any  case  or  cases,  at  the  option 
of  said  commission,  be  such  as  may  now  or  at  any  time  hereafter 
be  provided  for  by  any  lawful  ordinance  or  ordinances  of  the 
Mayor  and  City  Council  of  Baltimore,  adopted  pursuant  to  the 
powers  conferred  upon  it  by  section  6  of  Article  4,  entitled  "City 
of  Baltimore,"  of  the  Code  of  Public  Local  Laws  of  Maryland, 
title  '^General  Powers,"  sub-title  ''Condemnation  of  Property," 
for  the  condemnation  of  any  land  or  property  or  interest  therein, 
situated  wholly  or  partly  within  the  City  of  Baltimore,  or  such 
as  may  be  provided  for  the  very  purpose  by  any  lawful  ordinance 
or  ordinances  of  the  Mayor  and  City  Council  of  Baltimore; 
which  said  ordinance  or  ordinances  the  Mayor  and  City  Council 
of  Baltimore  is  hereby  fully  authorized  to  adopt ;  provided,  pro- 
vision is  made  therein  for  reasonable  notice  to  the  owner  or  own- 
ers, and  for  appeals  to  the  Baltimore  City  Court,  including  the 
right  of  appeal  to  the  Court  of  Appeals,  by  any  person  interested, 
including  the  Mayor  and  City  Council  of  Baltimore,  from  the 
decision  of  any  Commissioners  or  other  persons  appointed  to 
value  any  such  land  or  property,  or  interest,  franchise,  easement, 
right  or  privilege  therein. 

Provision  in  a  contract  requiring  contractor  to  exhibit  receipts  from  a 
sub-contractor  does  not  give  tlie  sub-contractor  a  claim  against  tlie  city. 
Lombard  Governor  Company  v.  Baltimore,  121  Md.  304. 

1904,  ch.  349,  sec.  4. 
824d.  All  individuals  and  corporations  lawfully  having 
buildings,  structures,  works,  conduits,  mains,  pipes,  tracks  or 
other  physical  obstructions  in,  over  or  under  the  public  lanes, 
avenues,  streets,  alleys  or  highways  of  the  City  of  Baltimore, 
which  shall  block  or  impede  the  progress  of  said  sewerage  sys- 
tem, when  in  process  of  construction  and  establishment,  shall, 
upon  reasonable  notice  from  said  commission,  promptly  so  shift, 
adjust,  accommodate  or  remove  the  same,  at  their  own  cost  and 
expense,  as  to  fully  meet  the  exigencies  occasioning  such  notice ; 
and  if  any  such  individual  or  corporation  shall  refuse,  neglect 
or  fail  after  such  reasonable  notice  to  discharge  any  duty  cast 
upon  him  or  it  by  this  section,  he  or  it  shall,  in  addition  to  but 
not  in  substitution  for  any  other  remedy  or  remedies  that  said 


449 

commission  or  the  ]\Iajor  and  City  Council  of  Baltimore  may 
have  in  the  premises,  be  subject  to  a  fine  of  one  hundred  dollars 
for  each  and  every  offense,  and  also  to  an  additional  line  of 
fifty  dollars  a  day  for  every  day  that  said  refusal,  neglect  or 
failure  shall  continue ;  said  fines  to  be  collected  as  other  fines  in 
the  City  of  Baltimore  are  collected;  and  should  the  exigencies 
of  said  commission  and  its  work  in  any  case  involve  a  taking, 
in  the  constitutional  sense,  of  the  franchise  or  right  in  the  ex- 
ercise of  which  such  obstruction  had  its  origin,  the  Mayor  and 
City  Council  of  Baltimore,  acting  by  and  through  the  agency 
of  said  commission,  shall  be  empowered  to  secure  the  condemna- 
tion of  such  franchise  or  right  in  the  manner  provided  for  in 
section  3  of  this  Act.  The  preceding  provisions  of  this  section 
shall  likewise  be  applicable  to  any  such  obstruction  in,  over  or 
under  the  public  highways  of  any  county  of  this  State  into 
which  said  sewerage  system  shall  extend.  The  duty  and  cost 
of  adjusting  or  removing  private  drains  and  sewers  in  Balti- 
more City  which  shall  block  or  impede  the  progress  of  said 
sewerage  system  when  in  progress  of  construction  and  establish- 
ment, shall  rest  upon  and  be  borne  by  the  Mayor  and  City  Coun- 
cil of  Baltimore  exclusively. 

1904,  eh.  349,  sec.  5.  1906,  ch.  132. 
824e.  All  work  done  or  supplies  or  materials  purchased 
in  carrying  out  the  purposes  of  this  Act  when  involving  an  ex; 
penditure  of  five  hundred  dollars  or  more,  shall  be  by  contract 
awarded  to  the  lowest  responsible  bidder  in  accordance  with  the 
provisions  of  sections  14  and  15  of  Article  4  entitled  "City  of 
Baltimore"  of  the  Public  Local  Laws  of  Maryland,  provided, 
however,  that  said  Commission  shall  be  empowered  if  it  sees  fit 
to  insert  in  the  specifications  for  any  such  work  reasonable  and 
lawful  conditions  as  to  the  hours  of  labor,  wages  and  the  resi- 
dence or  character  of  workmen  to  be  employed  by  the  contractor, 
and  especially  so  far  as  may  be  practicable,  in  the  judgment 
of  said  commission,  such  reasonable  and  lawful  conditions  as 
will  tend  to  confine  employment  on  such  work  in  whole  or  in 
part  to  permanent  and  hoj^a  fide  residents  of  the  State  of  ]\Lirv- 
land  only;  and  provided  however,  also  that  said  commission 
with  the  consent  of  three-fourths  of  all  its  members  may  itself 
do  any  part  or  parts  of  any  such  work  under  such  conditions  in 
every  respect  as  it  may  prescribe  by  day  labor  whenever  the 
chief  engineer  in  writing  shall  recommend  that  course;  in  which 
event  the  said  Commission  in  addition  to  its  other  powers  in 
the  premises  shall  likewise  be  authorized  to  devise,  promulgate! 
and  enforce  such  rules  and  regulations  as  will  make  merit  and 

(15) 


450 

personal  fitness  ascertained  by  some  system  of  open  competition 
or  registration  or  both,  the  sole  tests  of  eligibility  for  all  posi- 
tions of  employment  under  its  control  which  it  may  see  fit  to 
embrace  within  the  scope  of  said  rules  and  regulations  which 
however  may  be  limited  to  permanent  and  ho7ia  fide  residents 
of  this  State ;  in  any  particular  any  and  all  bids  or  parts  of  bids 
for  any  such  work  or  supplies  or  materials  may  be  rejected; 
provided,  however,  that  all  bids  shall,  before  an  award  is  made 
by  the  Board  of  Awards  under  the  provisions  of  said  sections 
14  and  15  of  Article  4,  entitled  "City  of  Baltimore"  of  the  Pub- 
lic Local  Laws  of  Maryland,  and  so  soon  as  said  bids  shall  have 
been  opened  by  the  Board  of  Awards  be  referred  to  the  said 
Commission  by  said  Board  for  such  consideration  and  recom- 
mendations in  the  premises  the  said  Commission  shall  see  fit  to 
give  and  make,  which  said  consideration  and  recommendations 
shall  therefrom  be  given  and  made  by  the  said  Commission  with- 
out unnecessary  delay. 

1904,  ch.  349,  sec.  6. 
8241*.  In  order  to  provide  money  for  the  projection,  con- 
struction and  establishment  of  said  sewerage  svstem  the  Mavor 
and  City  Council  of  Baltimore  is  hereby  authorized  to  issue 
the  stock  of  said  corporation  for  a  sum  not  exceeding  ten  mil- 
lion, dollars ;  said  stock  to  be  issued  from  time  to  time  as  the 
Mayor  and  City  Council  of  Baltimore  shall  by  ordinance  pre- 
scribe, and  to  be  issued  for  such  amounts  and  to  be  payable  at 
such  time  and  to  bear  such  rate  of  interest  as  the  Mayor  and 
City  Council  of  Baltimore  shall  by  ordinance  provide.  Said 
stock  shall  be  sold  and  issued  by  the  Commissioners  of  Finance 
of  the  City  of  Baltimore  at  the  best  prices  obtainable  in  their 
judgment  therefor,  and  any  premiums  derived  from  the  sale 
thereof  shall  remain  in  their  hands  as  part  of  the  sinking  fund 
hereinafter  mentioned  for  the  redemption  of  said  stock  at 
maturity.  The  residue  of  the  money  received  from  the  sale  of 
said  stock  shall  be  turned  over  by  them  to  the  Comptroller,  to 
be  by  him  deposited  with  the  City  Register,  and  to  be  placed 
to  the  credit  of  a  fund  to  be  known  as  the  "'New  Sewerage  Sys- 
tem Fund,"  which  shall  be  exclusively  applicable  to  the  cost 
of  the  work  authorized  by  this  Act,  and  shall  be  chargeable  with 
no  other  items  of  cost  or  expense  whatever.  Appropriations  for 
the  cost  of  said  work,  based  upon  the  estimates  of  said  commis- 
sion, shall  be  annually  included  by  the  Board  of  Estimates  in  the 
usual  way  in  the  Ordinance  of  Estimates,  and  upon  the  written 
requisitions,  supported  by  proper  vouchers  of  the  chairman  of 
said  commission,  or  of  the  chairman  pro  tempore  of  said  com- 


451 

mission  countersigned  by  the  secretary  of  said  commission,  or 
by  the  secretary  pro  tempore  of  said  commission,  either  of  which 
officers  the  said  commission  is  hereby  authorized  to  appoint  by 
vote  or  resolution  in  the  event  of  the  absence,  sickness  or  otlier 
disabilitv  for  the  time  beine-  of  its  chairman  or  secretarv,  re- 
spectively,  the  Comptroller  shall  draw  his  warrants  upon  the 
City  Register,  payable  out  of  such  appropriations  from  said 
special  fund  for  the  amounts  of  all  items  of  cost  or  expense 
properly  chargeable  upon  said  special  fund.  But  said  stock 
shall  not  be  issued,  in  whole  or  in  part,  unless  the  ordinance  of 
the  Mayor  and  City  Council  of  Baltimore  providing  for  the 
issuance  thereof  shall  be  submitted  to  the  legal  voters  of  the 
City  of  Baltimore  at  such  time  and  place  as  may  be  fixed  by  said 
ordinance,  and  be  approved  by  a  majority  of  the  votes  cast  at 
such  time  and  place  as  required  by  section  7  of  Article  XI  of  the 
Constitution  of  ]\Iaryland.  If  issued  pursuant  to  such  approval, 
the  Mayor  and  City  Council  of  Baltimore  shall  levy  in  each 
and  every  year  upon  all  property  liable  to  taxation  in  the  City 
of  Baltimore  a  sum  sufficient  to  pay  the  interest  accruing  on 
said  stock  and  to  create  a  sinking  fund  sufficient,  with  the 
aid  of  any  premiums  on  the  sale  thereof,  to  redeem  said  stock 
at  its  maturity. 

1904,  cli.  349,  sec.  7. 
824g,  So  often  as  any  portion  of  said  sewerage  system  shall 
be  in  actual  operation  and  in  condition  to  collect,  transmit  and 
dispose  of  domestic  or  house  sewage,  the  said  commission  shall 
notify  the  Commissioner  of  Health  of  the  said  City  of  Balti- 
more of  that  fact  and  impart  to  him  the  metes  and  bounds  of 
said  portion  of  said  sewerage  system  in  such  state  of  prepared- 
ness, and  it  shall  thereupon  become  his  duty  to  require  all  owners 
of  property  within  such  metes  and  bounds,  and  shall  become  the 
duty  of  all  such  owners  at  their  own  cost  and  expense  to  forth- 
with connect  their  respective  house  drains  at  their  respective 
building  lines  with  said  sewerage  system,  and  to  forthwith  clean 
out  and  fill  up  their  respective  privy  sinks,  wells,  cesspools  or 
other  sewerage  or  drainage  receptacles,  and  to  abandon  the  use 
of  their  existing  arrangements  of  every  sort  for  tiie  disposal  of 
sewage  or  drainage  under  the  directions  and  control  of  said  Com- 
missioner of  Health ;  and  full  power  is  hereby  conferred  upon 
the  Mayor  and  City  Council  of  Baltimore  to  pass  any  ordinance 
or  ordinances  and  provide  for  any  remedial  proceedings  or  pro- 
cesses or  for  any  penalty  or  penalties  that  may  be  necessary,  in 
its  judgment,  to  enable  said  Commissioner  of  Health  to  properly 
and  effectively  comply  with  the  obligations  or  any  of  the  obliga- 


452 

tions  hereinbefore  imposed  upon  him  by  this  section  of  this  Act, 
and  to  keep  the  drainage  connections  between  said  respective 
building  lines  and  said  sewerage  system  free  from  obstruction 
and  in  good  working  order;  and  to  do  any  and  all  things  rea- 
sonably necessary  to  be  done  to  compel  said  owners  of  said 
property  to  place  and  maintain  the  same  in  relations  of  full 
co-operation  with  said  sewerage  system. 

1904,  ch.  349,  sec.  8. 

824h.  Wliile  the  work  authorized  by  this  Act  is  being  done 
by  said  commission  the  respective  duties  and  powers  of" the  City 
Engineer  and  Commissioner  of  Street  Cleaning  and  other  city 
officials  in  their  relations  to  the  existing  sewers  and  drains  of 
the  City  of  Baltimore  shall,  subject  to  the  duties  and  powers 
hereby  conferred  upon  said  commission,  continue  as  at  present ; 
and  said  commission  shall  be  authorized  as  its  work  progresses 
to  turn  over  from  time  to  time,  in  its  discretion,  such  completed 
portions  of  said  work  as  it  may  see  fit  to  the  charge,  superin- 
tendence and  control  of  the  proper  city  officials,  ^Vhen  its  work 
under  this  Act  has  been  fully  and  finally  completed  in  every 
respect,  and  not  before,  the  life  of  said  commission,  as  originally 
appointed  and  as  subsequently  recruited  by  appointments  to 
occasional  vacancies,  if  any,  shall  come  to  an  end,  and  the  said 
sewerage  system  established  by  it  shall,  so  far  as  it  has  not 
already  been  surrendered  to  the  charge,  superintendence  and 
control  of  said  officials,  be  then  so  surrendered,  and  at  the  same 
time  all  the  records,  writings  and  papers  of  said  commission 
shall  be  delivered  up  to  the  City  Librarian,  to  be  preserved  in 
his  office,  and  all  property  and  effects  in  its  possession  belonging 
to  the  city  to  the  Comptroller,  to  be  disposed  of  by  him  as  may 
be  provided  by  ordinance. 

Act  1904,  ch.  349,  sec.  9.  repeals  Act  1901,  ch.  19. 

1910,  ch.  630,  sec.  1. 
824i.  That  in  order  to  provide  additional  money  for  the 
projection,  construction,  establishment  and  completion  of  said 
sewerage  system,  including  in  said  system  the  disposal  of  sew- 
erage and  drainage  from  property  belonging  to  or  under  the 
control  of  the  Mayor  and  City  Council  of  Baltimore,  the  Mayor 
and  City  Council  of  Baltimore  is  hereby  authorized  to  issue 
the  stock  of  said  corporation  for  a  sum  not  exceeding  ten  million 
dollars,  said  stock  to  be  issued  from  time  to  time,  as  the  Mayor 
and  City  Council  of  Baltimore  shall,  by  ordinance,  prescribe, 
and  to  be  issued  for  such  amounts  and  to  be  payable  at  such 
time,  and  to  bear  such  rate  of  interest  as  the  Mavor  and  Citv 


453 

Council  of  Baltimore  shall  by  ordinance  provide ;  the  money 
so  realized  from  the  sale  of  said  stock  to  be  used  for  the  purposes 
specified  in  said  Chapter  349  of  the  Acts  of  the  General  As- 
sembly of  Maryland  enacted  in  the  year  1904,  and  to  be  ex- 
pended  in  accordance  with  the  terms,  conditions  and  provisions 
of  said  Act,  or  of  any  amendments  or  additions  thereto ;  said 
stock  shall  be  sold  and  issued  by  the  Commissioners  of  Finance 
of  the  city  at  the  best  prices  obtainable,  in  their  judgment, 
therefor;  and  any  premiums  derived  from  the  sale  thereof 
shall  remain  in  their  hands  as  part  of  the  sinking  fund  herein- 
after mentioned  for  the  redemption  of  said  stock  at  maturity. 
The  residue  of  the  money  received  from  the  sale  of  said  stock 
shall  be  turned  over  by  them  to  the  Comptroller,  to  be  by  him 
deposited  with  the  City  Register,  and  to  be  placed  to  the  credit 
of  a  fund  to  be  known  as  the  "New  Sewerage  System  Fund 
!N^o.  2,"  which  shall  be  exclusively  applicable  to  the  cost  of 
the  work  authorized  by  this  Act  and  by  said  Chapter  349  of  the 
Acts  of  the  General  Assembly  of  ^Maryland  enacted  in  the 
year  1904,  and  shall  be  chargeable  with  no  other  items  of  cost  or 
expense  whatever.  Appropriations  for  the  cost  of  said  work, 
based  upon  the  estimates  of  said  Commission,  shall  be  annually 
included  by  the  Board  of  Estimates  in  the  usual  way,  in  the 
ordinance  of  estimates,  and  upon  the  written  requisitions,  sup- 
ported by  proper  vouchers  of  the  chairman  of  said  Commis- 
sion, or  of  the  chairman  -pro  tempore  of  said  Commission,  coun- 
tersigned by  the  secretary  of  said  Commission,  or  by  the  secre- 
tary pro  tempore  of  said  Commission,  either  of  which  officers 
the  said  Commission  is  hereby  authorized  to  appoint,  by  vote  or 
resolution,  in  the  event  of  the  absence,  sickness  or  other  disa- 
bility, for  the  time  being,  of  its  chairman  or  secretary,  respec- 
tively. Comptroller  shall  draw  his  warrants  upon  the  City 
Register,  payable  out  of  such  appropriations  from  said  special 
fund  for  the  amounts  of  all  items  of  cost  or  expense  properly 
chargeable  upon  said  special  fund,  but  said  stock  shall  not  be 
issued,  in  whole  or  in  part,  unless  the  ordinance  of  the  Ifayor 
and  City  Council  of  Baltimore  providing  for  the  issuance  there- 
of shall  be  submitted  to  the  legal  voters  of  the  City  of  Baltimore 
at  such  time  and  place  as  may  be  fixed  by  said  ordinance,  and 
be  approved  by  a  majority  of  the  votes  cast  at  such  time  and 
place  as  required  by  section  7  of  Article  11  of  the  Constitution 
of  Maryland.  If  issued  pursuant  to  such  approval,  the  IMayor 
and  City  Council  of  Baltimore  shall  levy  in  each  and  every 
year  upon  all  property  liable  to  taxation  in  the  City  of  Balti- 
more a  sum  snfHricnt  to  pay  the  interest  accruing  on  said  stock 
and  to  create  a  sinking  fund  sufficient,  with  the  aid  of  any  pre- 
miums on  the  sale  thereof,  to  redeem  said  stock  at  its  maturity. 


454 

3910,  ch.  G30,  sec.  2. 
824 j.  That  the  Sewerage  Commission  shall  locate  its  sewers 
intended  for  house  connections  in  the  rear  of  said  houses  when- 
ever practicable  and  whenever  said  houses  are  not  already  other- 
wise connected  with  sewers,  but  said  Sewerage  Commission  may 
locate  any  of  said  sewers  in  the  front  of  said  houses  whenever 
the  cost  to  the  owners  of  the  majority  of  the  houses  to  be  con- 
nected with  said  sewers  in  any  block  will  be  less  if  laid  in  front 
of  said  houses  than  if  laid  in  the  rear  of  said  houses,  and  it 
shall  be  the  duty  of  the  Sewerage  Commission  to  use  private 
sewers  whenever  suitable  and  whenever  any  of  said  sewers  is 
suitable  and  of  sufficient  capacity  both  to  drain  the  houses  con- 
nected with  each  sewer  and  such  other  houses  as  may  be  built 
abutting  on  that  part  of  the  street,  alley  or  way  in  or  near  which 
said  sewer  is  located,  then  the  said  Commission  shall  acquire, 
and  it  is  hereby  directed  to  acquire  said  sewer  if  the  same  can 
be  obtained  at  a  sum  not  exceeding  fifty  per  cent,  of  what  would 
be  the  cost  of  constructing  and  laying  a  sewer  of  the  same  kind 
in  the  same  place,  and  if  the  same  cannot  be  obtained,  then  the 
said  Commission  shall  not  be  required  to  acquire  said  sewer,  but 
said  Commission  may  either  build  another  sewer  to  take  the 
place  of  said  private  sewer,  or,  in  its  discretion,  may  acquire 
said  sewer  for  a  sum  exceeding  fifty  per  cent,  of  said  cost,  or,  in 
its  discretion,  may  acquire  said  private  sewer  by  condemnation 
in  the  method  provided  by  said  Chapter  349  of  the  Acts  of 
1904 ;  provided,  however,  that  when  more  than  one  private  sewer 
shall  exist  in  the  same  part  of  any  street,  alley  or  other  way, 
then  the  said  Commission  shall  be  required  to  acquire,  in 
the  manner  and  upon  the  terms  hereinbefore  set  forth,  only 
that  private  sewer  w^iich  in  the  opinion  of  said  Commission 
will  be  best  suited  for  said  sewerage  system,  and  provided  that 
whenever  any  private  sewer  has  been  built  since  the  passage  of 
said  Chapter  349  of  the  Acts  of  1904,  or  shall  hereafter  be 
built  upon  any  agreement  with  the  Sewerage  Commission  that 
said  sewer  should  thereafter  be  taken  over  by  said  Commission 
at  a  price  or  on  terms  agreed  upon,  then  said  sewer  shall  be  so 
taken  over  by  said  Commission;  and  in  the  event  of  any  disa- 
greement or  dispute  between  the  owner  or  owners  of  property  or 
properties  or  of  private  sewers,  or  their  representatives,  and  the 
said  Sewerage  Commission  as  to  the  location  of  any  lateral 
sewer  or  sewers  intended  for  house  connections,  or  the  capacity, 
location  or  suitableness  of  any  private  sewer,  or  the  cost  of  con- 
structing and  laying  a  sewer  similar  to  any  private  sewer,  then 
the  matter  shall  be  referred  to  a  board  composed  of  the  four 


455 

city  officials  now  constituting  the  Board  of  Public  Improve- 
ments of  the  City  of  Baltimore,  under  rules  to  be  adopted  by 
said  Board,  and  the  decision  of  said  Board  as  to  any  of  said 
matters  so  referred  to  said  Board  shall  be  final  and  binding  on 
said  Sewerage  Commission  and  the  party  or  parties  appealing, 
and  forty  days  before  the  work  of  construction  of  any  lateral 
sewer  or  sewers  intended  for  house  connections  shall  be  begun, 
said  Sewerage  Commission  shall  give  notice  by  publication  in 
three  or  more  of  the  daily  newspapers  of  Baltimore  City  of  the 
general  location  of  said  sewer,  and  any  property  owner  or  other 
person  interested  in  the  location  of  said  sewer  or  in  any  private 
sewer  intended  to  be  used  or  which  might  be  used  in  connection 
with  or  instead  of  the  intended  sewer,  may,  within  ten  days  after 
the  first  publication  of  said  notice,  apply  to  said  Sewerage  Com- 
mission for  detailed  information  as  to  the  location  and  con- 
struction of  said  sewer  and  as  to  what,  if  any,  private  sewers  are 
intended  to  be  used,  and  said  person  may,  within  said  ten  days, 
protest  in  writing  to  said  Sewerage  Commission  against  any 
part  of  the  proposed  plan  of  said  sewer,  and  thereupon  said 
Sewerage  Commission,  at  some  time  within  a  period  beginning 
ten  days  after  said  first  publication  and  ending  twenty  days 
after  said  publication,  shall  make  its  determination  in  writing 
with  reference  to  said  protest,  which  determination  shall  be 
open  to  public  inspection ;  and  any  person  who  has  thus  pro- 
tested, or  any  other  person  interested  in  said  determination  may, 
within  a  period  beginning  twenty  days  after  said  first  publica- 
tion and  ending  thirty  days  after  said  first  publication,  appeal 
in  writing  to  a  board  composed  of  the  four  city  officials  now 
constituting  the  Board  of  Public  Improvements,  against  said 
determination  of  said  Sewerage  Commission  with  reference  to 
said  protest,  and  said  Board  so  composed,  within  a  period  be- 
ginning thirty  days  after  said  first  publication  and  ending  forty 
days  after  said  first  publication,  shall  make  its  decision  with 
reference  to  said  protest,  which  decision,  as  above  mentioned, 
shall  be  final  and  binding  upon  said  Sewerage  Commission  aud 
the  party  or  parties  appealing  or  protesting. 

1012.  eh.  24,  sec.  1. 
824k.  That  for  the  purpose  of  preserving  the  sanitary  con- 
dition of  the  city,  the  Mayor  and  City  Council  of  Ilaltimorc 
be  and  it  is'hereby  authorized  to  borrow  money  temporarily  up 
to  such  an  amount  as  may  be  necessary  not  exceeding  the  amount 
of  the  obligations  or  inrlcbtedness  of  property  owners  to  it, 
uiiflcr  the  j)rovisions  of  Ordinance  T^o.  .'')S,  approved  l^ecember 
28,  11)11,  for  the  purpose  of  providing  the  City  Engineer  with 


45G 

the  necessary  funds  to  make  the  sewer  connections  and  do  the 
other  work  which  he  is  authorized  and  directed  to  do  by  said 
ordinance,  the  Mayor  and  City  Council  of  Baltimore  is  hereby 
authorized  for  the  purpose  of  borrowing  such  money  to  give 
its  note  to  be  signed  on  behalf  of  the  city  by  the  Mayor,  the 
Comptroller  and  the  City  Engineer,  and  to  pledge  as  collateral 
the  obligations  or  indebtedness  of  property  owners  to  the  city 
under  said  Ordinance  No.  58  to  an  amount  equal  to  the  amount 
of  the  loan,  and  to  renew  such  note  in  whole  or  in  part  from 
time  to  time,  not  exceeding  the  time  of  maturity  of  the  collateral. 
The  method  of  pledging  such  indebtedness  from  the  owners  of 
property  under  said  Ordinance  'No.  58  as  collateral  for  such 
loan  shall  be  as  follows : 

The  City  Collector  shall  give  a  certificate  over  his  hand  that 
there  is  due  to  the  Mayor  and  City  Council  of  Baltimore  a  cer- 
tain sum  under  said  Ordinance  ISTo.  58  from  the  following  prop- 
erty owners,  giving  the  number  of  the  property  and  the  name  of 
the  owner,  and  the  amount  due  on  each,  and  that  said  indebted- 
ness is  not  pledged  for  any  other  loan.  Said  certificate  attached 
to  and  delivered  with  the  note  of  the  city,  as  above  provided, 
shall  constitute  a  pledge  of  the  indebtedness  of  said  parties  to 
the  city  as  collateral  security  for  the  said  note,  or  any  renewal 
thereof  as  above  provided.  The  City  Collector  shall  collect  said 
indebtedness,  as  provided  in  said  ordinance,  just  as  if  the  same 
were  not  pledged,  but  shall  pay  over  to  the  holder  of  any  note 
given  under  this  Act  all  collections  of  any  of  the  indebtedness 
pledged  as  collateral  therefor,  and  such  holder  shall  credit  all 
such  payments  on  such  note. 

1912.  ch.  24.  sec.  2. 
8241.  That  Ordinance  No.  58  of  the  Mayor  and  City  Council 
of  Baltimore,  approved  December  28,  1911,  be  and  it  is  hereby 
ratified  and  confirmed,  and  every  indebtedness  accruing  to  the 
Mayor  and  City  Council  of  Baltimore  from  any  property  owner 
in  said  city  under  and  in  pursuance  of  the  terms  of  said  ordi- 
nance is  hereby  declared  to  be  a  lien  upon  the  property  of  such 
property  owner  as  in  said  ordinance  declared,  and  collectible 
as  therein  provided. 

1914.  oh.  .323.  sec.  1. 
824m.  That  in  order  to  provide  additional  money  for  the 
projection,  construction,  establishment  and  completion  of  said 
sewerage  system,  including  in  said  system  the  disposal  of  sew- 
age and  drainage  from  property  belonging  to  or  under  the  con- 
trol of  the  Mayor  and  City  Council  of  Baltimore,  the  Mayor 


457 

and  City  Council  of  Baltimore  is  hereby  authorized  to  issue 
bonds  or  certificates  of  stock  of  said  corporation  for  a  sum  not 
exceeding  three  million  dollars  ($3,000,000),  said  bonds  or  cer- 
tificates of  stock  to  be  issued  by  ordinance,  and  to  be  issued  for 
such  amounts  and  to  be  payable  at  such  time  or  times,  and  to 
bear  such  rate  of  interest,  not  exceeding  5%,  as  the  Mayor  and 
City  Council  of  Baltimore  shall,  by  ordinance,  provide;  the 
money  so  realized  from  the  sale  of  said  stock  to  be  used  for  the 
purposes  specified  in  said  Chapter  349  of  the  Acts  of  1904, 
and  Chapter  630  of  the  Acts  of  1910,  and  to  be  expended  in 
accordance  with  the  texms,  conditions  and  provisions  of  said 
Act,  or  any  amendments  or  additions  thereto ;  said  stock  shall 
be  sold  and  issued  by  the  Commissioners  of  Finance  of  the  city 
at  the  best  prices  obtainable,  in  their  judg-ment,  therefor.  The 
money  received  from  the  sale  of  said  bonds  or  stock  shall  be 
turned  over  by  them  to  the  Comptroller,  to  be  by  him  deposited 
with  the  City  Register,  and  to  be  placed  to  the  credit  of  a  fund 
to  be  known  as  ''The  New  Sewerage  System  Loan  Xo.  3," 
which  shall  be  exclusively  applicable  to  the  cost  of  the  work 
authorized  by  this  Act  and  by  said  Chapter  349  of  the  Acts  of 
1904  and  Chapter  630  of  the  Acts  of  1910.  Appropriations  for 
the  cost  of  said  work,  based  upon  the  estimates  of  said  Commis- 
sion, shall  be  annually  included  by  the  Board  of  Estimates  in 
the  usual  way  in  the  Ordinance  of  Estimates,  and  upon  the 
written  requisition,  supported  by  proper  vouchers  of  tl;e  Chair- 
man of  said  Commission,  or  of  the  chairman  pro  tempore  of  said 
Commission,  countersigned  by  the  Secretary  of  said  Com- 
mission, or  by  the  secretary  pro  tempore  of  said  Commis- 
sion, either  of  which  officers  the  said  Commission  is  hereby 
authorized  to  appoint,  by  vote  or  resolution,  in  the  event  of  the 
absence,  sickness  or  other  disability,  for  the  time  being,  of  its 
Chairman  or  Secretary,  respectively,  the  Comptroller  shall 
draw  his  warrants  upon  the  City  Register,  payable  out  of  such 
appropriations  from  said  special  fund  for  the  amounts  of  all 
items  of  cost  or  expense  properly  chargeable  upon  said  special 
fund,  but  said  bonds  or  stock  shall  not  be  issued,  in  whole  or 
in  part,  unless  the  ordinance  of  the  Mayor  and  City  Council  of 
Baltimore  providing  for  the  issuance  thereof  shall  be  sub- 
iiiittod  to  the  legal  voters  of  the  City  of  Baltimore,  at  such  time 
and  place  as  may  be  fixed  by  said  ordinance,  and  be  approved  by 
a  majority  of  the  votes  cast  at  such  time  and  place  as  required 
by  section  7  of  Article  11  of  the  Constitution  of  ]\Iarylan(l.  If 
issued  pursuant  to  such  approval,  the  Commissioners  of  Finance 
of  the  city  shall  issue  said  bonds  or  stock,  payable  at  such  time 


458 

or  times,  not  exceeding  forty  years,  and  at  such  rate  of  interest 
as  the  City  Council  may  determine,  not  exceeding  5  per  cent. 
Said  city  may  make  payable  annually  a  proportion  of  the  prin- 
cipal of  said  bonds  or  certificates,  and  provide  that  said  stock  or 
bonds  may  be  issued  in  series,  falling  due  at  stated  periods ;  in 
which  event  the  Mayor  and  City  Council  of  Baltimore  shall 
annually  raise,  by  taxation,  the  amount  required  to  meet  such 
interest  and  the  proportion  of  the  principal  then  payable.  The 
sinking  funds  of  anv  loans  of  said  citv  mav  be  invested  in  said 
bonds  or  certificates. 

1914,  ch.  323,  sec.  2. 
824n.  That  the  Sewerage  Commission  shall  locate  its  sewers 
intended  for  house  connections  in  the  rear  of  said  houses  when- 
ever practicable  and  whenever  said  houses  are  not  already  other- 
wise connected  with  sewers,  but  said  Sewerage  Commission  may 
locate  any  of  said  sewers  in  the  front  of  said  houses  whenever  the 
cost  to  the  owners  of  the  majority  of  the  houses  to  be  connected 
with  said  sewers  in  any  block  will  be  less  if  laid  in  front  of 
said  houses  than  if  laid  in  the  rear  of  said  houses,  and  it  shall 
be  the  duty  of  the  Sewerage  Commission  to  use  private  sewers 
whenever  suitable  and  whenever  any  of  said  sewers  is  suitable 
and  of  suflicient  capacity  both  to  drain  the  houses  connected 
with  each  sewer  and  such  other  houses  as  may  be  built  abutting 
on  that  part  of  the  street,  alley  or  way  in  or  near  which  said 
sewer  is  located,  then  the  said  Commission  shall  acquire,  and  it 
is  hereby  directed  to  acquire  said  sewer,  if  the  same  can  be  ob- 
tained at  a  sum  not  exceeding  fifty  per  cent,  of  what  would  be 
the  cost  of  constructing  and  laying  a  sewer  of  the  same  kind  in 
the  same  place,  and  if  the  same  cannot  be  obtained,  then  the 
said  Commission  shall  not  be  required  to  acquire  said  sewer, 
but  said  Commission  may  either  build  another  sewer  to  take  the 
place  of  said  private  sewer,  or,  in  its  discretion,  may  acquire  said 
sewer  for  a  sum  not  exceeding  fifty  per  cent,  of  said  cost,  or, 
in  its  discretion,  may  acquire  said  private  sewer  by  condemna- 
tion in  the  method  provided  by  said  Chapter  349  of  the  Acts 
of  1904;  provided,  however,  that  when  more  than  one  private 
sewer  shall  exist  in  the  same  part  of  any  street,  alley  or  other . 
way,  then  the  said  Commission  shall  be  required  to  acquire,  in 
the  manner  and  upon  the  terms  hereinbefore  set  forth,  only  that 
private  sewer  which  in  the  opinion  of  said  Commission  will  be 
best  suited  for  said  sewerage  system,  and  provided  that  when- 
ever any  private  sewer  has  been  built  since  the  passage  of  said 
Chapter  349  of  the  Acts  of  1904,  or  shall  hereafter  be  built 
upon  any  agreement  with  the  Sewerage  Commission,  that  said 


459 

sewer  shall  thereafter  be  taken  over  by  said  Commission  at  a 
price  or  on  terms  agreed  upon,  then  said  sewer  shall  be  so 
taken  over  by  said  Commission;  and  in  the  event  of  any  disa- 
greem.ent  or  dispute  between  the  owner  or  owners  of  property 
or  properties  or  of  private  sewers,  or  their  representatives,  and 
the  said  Sewerage  Commission  as  to  the  location  of  any  lateral 
sewer  or  sewer  intended  for  house  connections,  or  the  capacity, 
location  or  suitableness  of  any  private  sewer,  or  the  cost  of 
constructing  and  laying  a  sewer  similar  to  any  private  sewer,, 
then  the  matter  shall  be  referred  to  a  board  composed  of  the 
four  city  officials  now  constituting  the  Board  of  Public  Improve- 
ments of  the  City  of  Baltimore,  under  rules  to  be  adopted  by  said 
Board,  and  the  decision  of  said  Board  as  to  any  of  said  matters 
so  referred  to  said  Board  shall  be  final  and  binding  on  said 
Sewerage  Commission  and  the  party  or  parties  appealing;  and 
forty  days  before  the  work  of  construction  of  any  lateral  sewer 
or  sewer  intended  for  hoiise  connections  shall  be  begun,  said  Sew^- 
erage  Commission  shall  give  notice  by  publication  in  three  or 
more  of  the  daily  newspapers  of  Baltimore  City  of  the  general 
location  of  said  sew'er,  and  any  property  owner  or  other  person 
interested  in  the  location  of  said  sewer  or  in  any  private  sewer 
intended  to  be  used  or  which  might  be  used  in  connection  with 
or  instead  of  the  intended  sewer,  may,  within  ten  days  after 
the  first  publication  of  said  notice,  apply  to  said  Sewerage  Com- 
mission for  detailed  information  as  to  the  location  and  construc- 
tion of  said  sewer,  and  as  to  what,  if  any,  private  sewers  are 
intended  to  be  used,  and  said  person  may,  within  said  ten  days, 
protest  in  writing  to  said  Sewerage  Commission  against  any 
part  of  the  proposed  plan  of  said  sewer,  and  thereupon  said 
Sewerage  Commission,  at  some  time  within  a  period  beginning 
ten  days  after  said  first  publication  and  ending  twenty  davs 
after  said  publication,  shall  make  its  determination  in  writing 
with  reference  to  said  protest,  which  determination  shall  be 
open  to  public  inspection ;  and  any  person  who  has  thus  pro- 
tested, or  any  other  person  interested  in  said  determination  may, 
within  a  period  beginning  twenty  days  after  said  first  publica- 
tion and  ending  thirty  days  after  said  first  pnblication,  a])peal 
in  writing  to  a  board  composed  of  the  four  city  officials,  now 
constituting  the  Board  of  Public  Improvements,  against  said 
determination  of  said  Sewerage  Commission  with  reference  to 
said  protest,  and  said  Board  so  composed,  within  ;i  pci-iod 
])eginning  thirty  days  after  said  first  pnblication  iind  ending 
forty  days  after  said  first  publication,  sliiill  ninkc  its  decision 
witli  reference  to  said  pi'otcst,   whidi   decision,  as  above  men- 


460 

tioiied,  shall  be  final  and  binding  upon  said  Sewerage  Com- 
mission and  the  party  or  parties  appealing  or  protesting. 

SHEKIFFS  FEES. 

p.  L.  L.,    (1888)   Art.  4,  sec.  799 A.     1892,  cb.  406. 

825.  The  Sheriff  of  Baltimore  City  shall  hereafter  receive 
for  the  services  hereinafter  recited,  fees  as  follows : 

For  serving  an  attachment  of  contempt  and  return,  one  dollar 
and  fifty  cents. 

For  an  arrest  on  warrant  and  return  in  criminal  cases,  one 
dollar.  Deale  v.  Estep,  3  Bland  435. 

STOCKS,  LOANS  AND  FK^ANCE. 

1886,  eh.  509.    P.  L.  L.,   (1888)  Art.  4,  sec.  805. 

826.  The  Mayor  and  City  Council  of  Baltimore  are  auth- 
orized and  empowered  to  endorse  the  bonds  of  the  Baltimore 
and  Eastern  Shore  Railroad  Company  to  the  extent  of  ten 
thousand  dollars  per  mile  of  said  railroad,  as  the  same  is 
completed ;  provided,  that  no  such  endorsement  shall  be  made 
until  an  ordinance  of  the  Mayor  and  City  Council  of  Baltimore, 
authorizing  and  directing  the  same,  and  the  terms  and  condi- 
tions, and  mode  and  manner  of  making  said  endorsement  shall 
have  been  submitted  to  the  legal  and  qualified  voters  of  the 
City  of  Baltimore,  at  such  time  and  place  as  may  be  fixed  by 
said  ordinance,  to  be  approved  by  a  majority  of  votes  cast  at  such 
time  and  place;  provided  further,  that  the  aggregate  amount  of 
such  endorsements  shall  not  exceed  the  sum  of  five  hundred 
thousand  dollars,  and  that  the  bonds  so  endorsed  shall  be  secured 
by  first  mortgage  on  the  property  and  franchises  of  said  Balti- 
more and  Eastern  Shore  Railroad,  shall  bear  interest  at  a  rate 
not  exceeding  three  and  one-half  per  cent,  per  annum ;  and  pro- 
vided further,  that  before  the  said  ordinance  shall  be  passed 
by  the  Mayor  and  City  Council  of  Baltimore,  or  submitted  to 
the  voters  of  said  city,  the  propriety  of  making  said  endorse- 
ment shall  receive  the  approval  and  endorsement  of  the  Board 
of  Trade  of  the  City  of  Baltimore,  of  the  Corn  and  Flour  Ex- 
change, of  the  Merchants  and  Manufacturers'  Association  of 
said  Baltimore  City,  and  of  the  Merchants  and  Manufacturers' 
Association  of  Old  Town,  expressed  by  a  majority  vote  of  said 
associations,  respectively,  and  duly  certified  to  the  Mayor  and 
City  Council  of  Baltimore. 

The  following  loans  have  been  authorized  by  Acts  of  Assembly  and 
approved  by  the  people  since  the  enactment  of  the  new  Charter : — 
(1)      Western  Maryland  Refunding  Loan,  Act  1S9S,  ch.  210,  author- 


4G1 

izing  issue  of  stock  to  amount  of  $1,875,000  to  extinguish  certain  mort- 
gage bonds  maturing  January  1.  1900,  and  an  issue  of  $1,000,000  of  stock 
loaned  said  railroad,  maturing  January  1,  1902.  -See  also.  Act  1900,  ch. 
280,  ratifying  Ord.  32,  February  8,  1900. 

(2)  Public  Improvement  $6,000M0  Loan,  Act  1898,  ch.  361.  ratifying 
and  confirming  Ord.  100.  October  7,  1892,  authorizing  an  issue  of  six 
million  dollars  of  registered  bonds  of  the  City  of  Baltimore  for  the  pur- 
poses set  out  in  said  ordinance. 

(3)  Refunding  Loan  for  $4,300,000,  to  redeem  certain  loans  named 
in  Act  1898,  ch.  373.  authorizing  said  refunding  loan. 

(4)  Conduit  Loan  for  $1,000,000,  Act  of  1902,  ch.  246. 

(5)  Water  Loan  for  $1,000,000,  Act  1902.  ch.  333. 

(6)  Annex  Improvement  Loan  for  $2,000,000,  Act.  1904.  ch.  274. 

(7)  Park  Improvement  Loan  for  $1,000,000,  Act  1904.  ch.  338. 
•     (8)     A'etf  Scn-erage  System  for  $10,000,000,  Act  1904,  ch.  349. 

(9)  Burnt  District  Improvement  Loan,  Acts  1904,  ch.  444,  and  1904. 
ch.  468.  authorizing  issue  of  $6,000,000  of  City  Stock  to  defray  expenses 
of  improvements  in  the  Burnt  District. 

See,  omnibus  ordinance  relating  to  City  loans.  City  Code,  1906,  Art. 
34.  sec.  19. 

(10)  Fire  Engine  House  Loan  for  $1,000,000,  Act  1906.  ch.  467i^. 

(11)  Conduit  Loan  for  $1,000,000,  Act  1908,  ch.  165. 

(12)  Civic  Centre  and  Park  Loan  for  $3,000,000,  Act  1908,  ch.  188. 
(Has  not  been  submitted  to  people.) 

(13)  Additional  Burnt  District  Improvement  Loan  for  $1,000,000. 
Act  1908,  ch.  247. 

(14)  Water  Loan  for  $3,000,000,  Act  1908,  ch.  214. 

(15)  Additional  Annex  Improvement  Loan  for  $2,500,000,  Act  1910. 
ch.  736. 

(16)  Additional  New  Sewerage  System  Loan  for  $10,000,000,  Act 
1910.  ch.  630. 

(17)  Poliee  Station  House  Loan  for  $1,000,000.  Act  1910,  ch.  570. 
(Has  not  been  submitted  to  people.) 

(18)  General  Fund  Bond  Loan  for  $3,000,000.  Act  1910.  ch.  549. 

(19)  Harbor  Improvement  Loan  for  $5,000,000.  Act  1910.  ch.  485. 
(Has  been  approved  l)y  the  people  to  the  extent  $3,500,000;  see  Ordi- 
nance No.  557.  approved  June  13.  1910.  and  Ordinance  No.  518,  approved 
October  3,  1914.) 

(20)  Jones  Falls  Improvement  Loan  for  $1,000,000,  Act  1910,  ch.  110. 

(21)  School  House  Loan  for  $1,500,000.  Act  1910,  ch.  92. 

(22)  Additional  Conduit  Loan  for  $2,000,000,  Act  1912.  ch.  27. 

(23)  Additional  New  Sewerage  Improvement  Loan  for  $3,000,000,  Act 
1914.  ch.  323. 

(24)  Contagious  Diseases  Hospital  Loan  for  $750  000,  Act  1914,  ch. 
722.     (Has  not  been  submitted  to  the  people.) 

CIVIC  CENTRE  A^Tf  PARKS.     . 

1908.  ch.  188.  sec.  1. 
826;i.      Tliiit   the  Mayor  and  City   Council   of  Baltimore   is 
herc'l)v  authorized  to  issue  its  stock  to  an  amount  not  exceed- 
ing tliree  millions  of  dollars,  said  stock  to  he  issued  from  time 
to  time,  as  the  Alayor  and  City  C\)un('il  <tf   P>altinior(>  may  by 


462 

ordinance  prescribe,  and  to  be  issued  in  such  amounts,  and  to  be 
payable  at  such  time  and  to  bear  such  rate  of  interest  as  the 
Mayor  and  City  Council  of  Baltimore  shall  by  ordinance  pro- 
vide. The  proceeds  of  said  stock  are  to  be  used  for  the  pur- 
chase of  lands  and  interests  therein  for  the  extension  of  the 
park  system  of  Baltimore,  for  the  acquisition  and  establishment 
of  a  civic  centre,  or  central  square,  or  squares  or  district,  and 
for  the  estalDlishment  and  for  construction  of  boulevards,  or 
parked  ways,  to  constitute  a  part  of  the  park  system  of  the  City 
of  Baltimore,  and  to  be  under  the  jurisdiction  of  the  Board  of 
Park  Commissioners  of  Baltimore,  or  other  boulevards  or  park- 
ways, and  for  the  purpose  of  developing  and  improving  said 
park  system  to  such  amount  as  the  Mayor  and  City  Council  of 
Baltimore  may  by  special  ordinance  or  ordinances  or  by  the  an- 
nual ordinance  of  estimates  prescribe.  But  said  stock  shall  not 
be  issued,  in  whole  or  in  part,  unless  the  ordinance  of  the  Mayor 
and  City  Council  of  Baltimore  providing  for  the  issuance  there- 
of shall  be  submitted  to  the  legal  voters  of  the  City  of  Balti- 
more, at  such  time  and  place  as  may  be  fixed  by  said  ordinance, 
and  be  approved  by  a  majority  of  the  votes  cast  at  such  time  and 
place  as  required  by  section  7,  Article  11,  of  the  Constitution 
of  Maryland. 

190S,  ch.  188,  sec.  2. 
826b.  The  Mayor  and  City  Council  of  Baltimore  is  hereby 
authorized  to  delegate  to  the  Board  of  Park  Commissioners  of 
the  City  of  Baltimore,  by  special  ordinance  or  by  the  annual 
ordinance  of  estimates,  the  power  to  acquire  by  gift,  purchase, 
lease,  whatever  the  duration  of  the  lease,  or  other  like  methods 
of  acquisition,  or  by  arbitration,  or  by  condemnation,  any  land, 
or  improvements  situate  wholly  without  or  wholly  or  partly 
within  the  City  of  Baltimore,  or  any  interest,  individual,  rail- 
way or  other  corporate  franchise,  right,  easement  or  privilege 
therein,  which  may  be  required  for  the  purpose  of  extending 
said  park  system,  establishing  and  constructing  said  boulevards 
and  parkways,  acquiring  and  establishing  a  civic  centre,  or 
central  square,  or  squares,  or  district,  and  extending  the  park 
system  of  Baltimore  City ;  and  provided,  further,  that  w4ien 
and  so  often  as  resort  shall  be  had  to  condemnation  proceed- 
ings under  this  Act,  the  procedure,  so  far  as  the  acquisition  by 
condemnation  of  any  land  or  property  or  thing  situated  within 
the  City  of  Baltimore,  or  any  interest,  franchise,  easement,  right 
or  privilege  therein  is  concerned  may,  in  any  case  or  cases,  at 
the  option  of  the  Mayor  and  City  Council  of  Baltimore,  be  such 
as  may  now,  or  at  any  time  hereafter  be  provided  for  by  any 


403 

lawful  ordinauce  or  ordiuances  of  the  Mayor  and  City  Council 
of  Baltimore,  adopted  pursuant  to  the  powers  conferred  upon  it 
by  section  6  of  Article  4,  entitled  ''City  of  Baltimore,"  of  the 
Code  of  Public  Local  Laws  of  Maryland,  title  ''General 
Powers,"  sub-title  ''Condemnation  of  Property,"  for  the  con- 
demnation of  land  or  property  or  interests  therein  for  the  munic- 
ipal needs  of  the  City  of  Baltimore,  or  such  as  may  be  provided 
for  the  very  purpose  by  any  lawful  special  ordinance  or  ordi- 
nances of  the  Mayor  and  City  Council  of  Baltimore,  which  said 
lawful  special  ordinance  or  ordinances  the  said  Mayor  and  City 
Council  of  Baltimore  is  hereby  duly  authorized  to  adopt,  pro- 
vided that  in  every  such  special  ordinance  provision  is  made  for 
reasonable  notice  to  the  o^^^ler  or  owners,  and  for  appeals  to  the 
Baltimore  City  Court,  including  the  right  of  appeal  to  the 
Court  of  Appeals  by  any  person  interested,  including  the  Mayor 
and  Citv  Council  of  Baltimore,  from  the  decision  of  the  com- 
missioners  or  other  persons  appointed  to  value  any  such  land, 
property  or  thing,  or  interest,  franchise,  easement,  right  or  privi- 
lege therein ;  but  so  far  as  the  acquisition  by  condemnation  of 
any  land,  or  property  or  thing  situated  within  Baltimore  County, 
or  within  any  other  county  of  this  State,  or  of  any  interest, 
franchise,  easement,  right  or  privilege  therein  is  concerned,  the 
procedures  shall  be  marked  out  by  section  6  of  Article  4,  entitled 
"City  of  Baltimore,"  of  the  Code  of  Public  Local  Laws  of 
Maryland,  title  "General  Powers,"  sub-title  "Water, 


5> 


1908,  ch.  188,  sec.  3. 
826c.  The  Mayor  and  City  Council  of  Baltimore  is  hereby 
authorized  and  empowered  to  delegate  to  the  Board  of  Park 
Commissioners  the  power  to  expend  such  portion  of  the  pro- 
ceeds arising  from  the  sale  of  said  stock  as  it  may  by  special 
ordinance  or  ordinances,  or  by  the  annual  ordinance  of  esti- 
mates, determine,  in  construction  of  said  boulevards  or  park 
ways,  and  of  all  needed  foundations  or  sub-structures  for  said 
boulevards  or  park  ways,  and  in  the  development  and  improve- 
ment of  the  park  system  of  Baltimore  as  it  now  exists  or  may 
hereafter  be  extended. 

1908,  ch.  188,  sec.  4. 
826(1.  In  the  event  the  duty  of  acquiring  additional  lands  or 
interests  therein  for  the  purposes  specified  in  section  1  of  this 
Act  is  imposed  on  the  Tjoard  of  Park  Commissioners,  the  said 
flavor  iiid  City  Council  is  empowered  to  make  special  com- 
pensation to  the  president  or  to  all  the  membei-s  of  tlie  Board 
of  Park  Commissioners  for  the  additional  duties  imposed  on 


4G4 

them  in  making  the  acqnisition  of  the  said  property,  said  com- 
pensation to  be  tixed  by  special  ordinance  or  by  the  annual 
ordinance  of  estimates, 

1908,  ch.  188,  sec.  5. 

826e.     In  developing  and  improving  any  land  acquired  as 

aforesaid,  the  Mayor  and  City  Council  of  Baltimore  shall  be 

free  from   restrictions   created   by   Chapter   158   of  the   Acts 

of  the  General  Assembly  of  Maryland,   approved  March   28, 

1906. 

1908,  ch.  188,  sec.  6. 

826f.  The  interest  on  the  loan  authorized  by  this  Act,  and 
the  sinking  fund  for  the  redemption  of  the  said  loan  shall  be 
taken  out  of  the  receipts  from  the  park  tax  on  the  street  railway 
companies  of  Baltimore  City,  or  from  the  proceeds  of  the  gen- 
eral tax  levy  as  by  ordinance  of  the  Mayor  and  City  Council 
of  Baltimore  may  be  provided. 

CONTAGIOUS  DISEASES  HOSPITAL. 

1914,  ch.  722,  sec.  1. 
826g.  That  the  Mayor  and  City  Council  of  Baltimore  be 
and  is  hereby  authorized  to  issue  its  stock  to  an  amount  not  ex- 
ceeding Seven  Hundred  and  Fifty  Thousand  ($750,000.00) 
Dollars,  to  be  issued  from  time  to  time  in  such  amounts  and 
payable  at  such  time  and  bearing  such  rate  of  interest  as  the  said 
Mayor  and  City  Council  of  Baltimore  shall  by  ordinance  pre- 
scribe. The  proceeds  of  said  issue  to  be  used  to  provide  a  hos- 
pital for  contagious  diseases,  but  said  stock  shall  not  be  issued 
in  whole  or  in  part  unless  the  ordinance  of  the  Mayor  and  City 
Council  of  Baltimore  providing  for  the  issuance  thereof  shall 
be  submitted  to  the  legal  voters  of  said  city  at  such  time  and 
place  as  may  be  fixed  by  said  ordinance,  and  be  approved  by  a 
majority  of  the  votes  cast  for  and  against  said  ordinance  at 
such  time  and  place  as  required  by  section  7  of  Article  11  of 
the  Constitution  of  Maryland. 

ELECTKICAL  COMMISSIOK 

1902,  ch.  246. 
826h.  The  Mayor  and  City  Council  of  Baltimore  be  and 
it  is  hereby  authorized  to  issue  its  stock  to  an  amount  not  ex- 
ceeding one  million  dollars  ($1,000,000),  to  be  issued  in  such 
amount  or  amounts,  and  payable  at  such  time,  and  bearing  such 
rate  of  interest  as  the  said  Mayor  and  City  Council  of  Balti- 
more shall  by  ordinance  prescribe.  The  proceeds  of  said  issue 
to  be  used  to  provide  extensions  to  the  underground  conduits 


465 

built  under  the  direction  of  the  Electrical  Commission  in  said 
city,  said  extensions  to  be  made  in  accordance  with  authority 
vested  in  said  Electrical  Commission  by  Ordinances  lOG,  107 
and  108  of  the  Ordinances  of  the  Mayor  and  City  Council  of 
Baltimore,  by  virtue  of  the  provisions  of  Chapter  200  of  the 
Acts  of  Assembly  of  Maryland  enacted  during  the  session  of  the 
vear  1892,  but  said  stock  shall  not  be  issued  unless  the  ordi- 
nance  providing  for  the  issue  of  said  stock  shall  be  approved  by 
a  majority  of  the  legal  voters  of  said  city  cast  at  some  time  and 
place  to  be  fixed  by  said  ordinance  in  a  provision  for  submitting 
the  same  to  the  legal  voters  of  said  city,  as  required  by  section 
7  of  Article  11  of  the  Constitution  of  this  State. 

1908,  ch.  165. 
8261i-l.  That  the  Mayor  and  City  Council  of  Baltimore  be 
and  it  is  hereby  authorized  to  issue  its  stock  to  an  amount  not 
exceeding  one  million  dollars ;  said  stock  to  be  issued  from  time 
to  time  as  the  Mayor  and  City  Council  of  Baltimore,  shall,  by 
ordinance,  provide,  and  to  be  issued  for  such  amounts,  and  to 
be  payable  at  such  times,  and  to  bear  such  rate  of  interest  as  the 
Mayor  and  City  Council  of  Baltimore  shall,  by  ordinance,  pro- 
vide ;  and  the  proceeds  thereof  to  be  used  for  the  purpose  of  pro- 
viding extensions  to  the  underground  conduits  and  their  appur- 
tenances, including  distributing  poles  built  under  the  direction 
of  the  Electrical  Commission  in  said  city ;  said  extensions  to  be 
in  accordance  with  the  authority  vested  in  said  Electrical  Com- 
mission by  ordinances  Nos.  lOG,  107  and  108  of  the  Mayor  and 
City  Council  of  Baltimore,  approved  August  25,  1898,  and  all 
amendments  thereof  or  supplements  thereto,  passed  by  virtue 
of  the  provisions  of  Chapter  200  of  the  Acts  of  Assembly  of 
Maryland,  enacted  during  the  session  of  the  year  1892,  but 
said  stock  shall  not  be  issued  in  whole  or  in  part  unless  the 
ordinance  of  the  Mayor  and  City  Council  of  Baltimore  provid- 
ing for  the  issuance  shall  be  submitted  to  the  legal  voters  of 
Baltimore  at  such  time  and  place  as  may  be  fixed  by  said  ordi- 
nance, and  be  approved  by  a  majority  of  the  votes  cast  at  such 
time  and  place  as  required  by  section  7  of  Article  11  of  the 
Constitution  of  Maryland. 

1912,  ell.  27,  sec.   1. 

826i.  That  the  Mayor  and  City  Council  of  Baltimore  be  and 
it  is  hereby  authorized  to  issue  its  stock  to  an  amount  not  ex- 
ceeding two  million  dollars;  said  stock  to  be  issued  from  time 
to  time  as  the  Mayor  and  City  Council  of  IJaltimore  shall  by 
ordinance  provide,  and  to  be  issued  for  such  amounts  and  to 
Ix'  j»;iy;il)le  at  such  times,  and  to  bear  sucli   \-\\\v  of  interest  as 


46G 

the  Mayor  and  Citv  Council  of  Baltimore  shall  by  ordinance 
provide;  and  the  proceeds  thereof  to  be  used  for  the  purpose  of 
providing  extensions  to  the  underground  conduits  and  their  ap- 
purtenances, including  distributing  poles  built  under  the  direc- 
tion of  the  Electrical  Commission  in  said  city;  said  extensions 
to  be  in  accordance  with  the  authority  vested  in  said  Electrical 
Commission  by  Ordinances  Nos.  106,  107  and  108  of  the 
Mayor  and  City  Council  of  Baltimore,  approved  August  25, 
1898,  and  all  amendments  thereof  or  supplements  thereto, 
passed  by  virtue  of  the  provisions  of  Chapter  200  of  the  Acts 
of  Assembly  of  Maryland  enacted  during  the  session  of  the 
year  1892,  but  said  stock  shall  not  be  issued  in  whole  or  in  part 
unless  the  ordinance  of  the  Mayor  and  City  Council  of  Balti- 
more providing  for  the  issuance  thereof,  shall  be  submitted  to 
the  legal  voters  of  Baltimore  at  such  time  and  place  as  may 
be  fixed  by  said  ordinance,  and  be  approved  by  a  majority  of  the 
votes  cast  for  and  against  said  ordinance  at  such  time  and  place 
as  required  by  section  7  of  Article  11  of  the  Constitution  of 
Maryland. 

HARBOE,  DOCKS  AI^D  WHARVES. 

1910,  ch.  485,  sec.  1. 
826].  That  the  Mayor  and  City  Council  of  Baltimore  be  and 
it  is  hereby  authorized  to  issue  the  stock  of  the  said  corporation 
to  an  amount  not  exceeding  five  million  dollars  ($5,000,000)  ; 
said  stock  may  be  issued  all  at  the  same  time  pursuant  to  the 
same  ordinance,  or  the  same  may  be  issued  from  time  to  time 
in  separate  issues  of  such  respective  amounts,  and  such  respec- 
tive issues  shall  be  payable  at  such  respective  dates  and  shall 
bear  such  rate  of  interest,  respectively,  as  the  Mayor  and  City 
Council  of  Baltimore  shall  in  each  case,  by  ordinance,  pre- 
scribe; and  the  power  to  issue  said  stock  to  the  full  amount 
aforesaid  shall  not  be  deemed  to  be  exhausted  until  said  full 
amount  thereof  shall  have  been  actually  issued ;  provided,  how- 
ever, that  no  part  of  said  stock  shall  be  issued  unless,  and  until, 
the  said  respective  ordinance  or  ordinances  of  the  Mayor  and 
City  Council  of  Baltimore,  providing  for  issuance  thereof,  shall 
in  each  case,  at  such  time  and  place  as  may  be  fixed  by  such 
respective  ordinance  or  ordinances,  and  be  approved  by  majority 
of  the  votes  cast  at  such  time  and  place,  as  required  by  section 
7  of  Article  XI  of  the  Constitution  of  Maryland.  The  Mayor 
and  City  Council  of  Baltimore  shall  levy  in  each  and  every  year, 
upon  all  property  liable  to  taxation  in  the  City  of  Baltimore, 
a  sum  sufficient  to  pay  the  interest  accruing  on  the  amount  of 
said  stock  so  issued  and  outstanding  and  to  create  a  sinking  fund 
sufficient,  with  the  aid  of  any  premiums  on  the  sale  thereof,  to 


467 

redeem  said  stock  at  the  date  or  dates  of  maturity  thereof,  said 
stock  shall  be  sold  and  issued  by  the  Commissioners  of  Finance 
of  the  City  of  Baltimore,  or  by  such  other  department,  board, 
commission  or  officials  as  may  hereafter  be  vested  with  the 
functions  now  exercised  by  the  Commissioners  of  Finance,  at 
the  best  prices  obtainable,  in  their  judgment,  therefor,  and  any 
premium  derived  from  the  sale  thereof  shall  constitute  part  of 
the  sinking  fund  hereinbefore  provided  for  the  redemption  of 
said  stock  at  maturity.  The  residue  of  the  money  received 
from  the  sale  of  said  stock  shall  be  turned  over  to  the  Comp- 
troller, to  be  by  him  deposited  with  the  City  Register,  and  to 
be  placed  to  the  credit  of  a  special  fund  to  be  known  as  the 
"Harbor  Improvement  Fund,"  which  shall  be  exclusively  ap- 
plicable to  the  work  and  objects  provided  for  by  this  Act,  after 
appropriations  for  the  cost  of  such  work  shall  have  been  duly 
included  and  allowed  for  each  year,  in  the  usual  way,  in  the 
Ordinance  of  Estimates,  then,  upon  the  written  requisitions  of 
the  proper  departments,  sub-departments,  boards,  commissions 
or  officials,  the  Comptroller  shall  draw  his  warrants  upon  the 
City  Register,  payable  out  of  such  appropriations  from  said 
special  fund,  for  the  amounts  of  all  items  of  cost  or  expense 
properly  chargeable  upon  said  special  fund. 

1910,  cb.  485,  sec.  2. 
826k.  That  the  proceeds  of  the  stock  hereby  authorized  shall 
be  exclusively  applicable  to  and  used  for  the  laying  out,  pro- 
jecting, constructing  and  establishing  of  a  comprehensive  sys- 
tem for  the  improvement  of  the  water  front  of,  adjacent  to  and 
along,  the  Patapsco  River  and  its  tributaries,  both  within  the 
limits  of  the  City  of  Baltimore;  said  improvements,  among 
other  things,  shall  include: 

1.  The  making  of  all  such  preliminary  investigations,  maps 
and  plans,  and  the  doing  of  all  such  preliminary  work  as  may 
desirably  precede  the  actual  laying  out,  pi-ojection,  construc- 
tion and  establishment  of  said  improvements. 

2.  The  laying  out,  projecting  and  adopting  such  systein  of 
improvement  for  the  water  front,  harbor  and  basin  as  may  be 
best  calculated  to  promote  the  improvements  contemplated  by 
this  Act, 

o.  The  acquisition  from  time  to  time,  by  gift,  pu rcliase, 
lease,  whatever  the  duration  of  the  lease,  or  other  mctliods  of 
acquisition,  or  by  condemnation,  of  any  land  or  property  what- 
soever, including  streets,  avenues,  lanes  or  alleys,  and  interests, 
franchises,  ea.sements,  rights  and  pfivileges  of  iiny  and  every 
kind,  whether  within  the  limits  of  th(}  City  of  Baltimore,  which 
may  bo  proper  or  dcsir.'iblc   in  conneftion   with   tlic  ol)j('cts  of 


4G8 

this  Act;  and  no  ordinance  or  ordinances  shall,  in  any  case,  be 
necessary  to  the  acceptance  of  any  conveyance. 

4.  The  construction  and  establishment  of  such  additions  to, 
extensions  of,  and  alterations  or  changes  in,  the  public  wharves, 
docks  and  piers  of  the  City  of  Baltimore,  and  the  construction 
and  establishment  of  such  new  public  wharves,  docks  and  piers, 
both  within  the  limits  of  the  City  of  Baltimore  as  may  be  proper 
or  desirable  in  connection  with  the  objects  and  purposes  of  this 
Act;  and  the  construction  and  establishment  thereon,  or  adja- 
cent thereto,  of  such  public  warehouses,  sheds,  structures  and 
buildings  as  may  be  desirable  or  proper  in  connection  with  the 
objects  of  this  Act;  and  also  the  reconstruction,  alteration,  ex- 
tension or  change  of  existing  bridges  as  may  be  proper  or 
desirable. 

5.  The  laying  out,  opening,  extending,  widening,  narrowing, 
straightening,  closing,  grading,  paving  and  curbing  of  any  of 
the  streets,  avenues,  lanes  and  alleys  or  parts  thereof,  adjacent 
to  or  leading  to  or  along  said  water  front,  or  leading  or  adjacent 
to  or  along  or  being  upon,  any  of  the  public  wharves,  docks  and 
piers  now  or  hereafter  to  be  constructed,  whether  such  streets, 
avenues,  lanes  or  alleys  or  parts  thereof  may  be  within  the 
limits  of  the  City  of  Baltimore,  and  the  establishment  and 
fixing  of  the  building  lines  thereon  and  the  width  of  the  side- 
walks thereof,  all  as  may  be  proper  or  desirable  in  connection 
with  the  objects  of  this  Act. 

6.  The  widening,  extending  or  deepening  of  the  channels  of 
the  harbor  or  basin  of  the  City  of  Baltimore,  whether  within 
the  limits  of  said  city,  and  the  cleansing,  scouring,  clearing, 
dredging  or  ballasting  of  the  said  harbor  or  basin  and  the  said 
channels,  as  well  as  the  approaches  thereto. 

7.  The  affixing  and  placing  of  buoys  or  water  marks  at  such 
place  or  places  in  said  harbor  or  basin,  or  the  channels  thereof 
or  the  approaches  thereto,  as  may  seem  desirable. 

Provided,  however,  that  this  enumeration  of  special  objects 
and  purposes  shall  not  be  taken  or  construed  as  restricting  or 
impairing,  in  any  degree,  the  scope  of  the  general  objects  and 
purposes  hereinbefore  mentioned  as  contemplated  by  this  Act. 

And  provided  further,  that  none  of  the  work  contemplated  by 
this  Act  shall  be  done  or  executed  under  this  Act,  and  none  of 
the  rights  and  powers  hereby  authorized  shall  be  exercised  under 
this  Act,  unless  and  until  the  plans  and  intentions  of  the  de- 
partments, sub-departments,  commissions,  boards  or  officials, 
with  respect  thereto,  shall  have  been  submitted  to  and  auth- 
orized and  approved  by  the  Board  of  Estimates  of  the  City  of 
Baltimore  or  by  such  other  Board  as  may  hereafter  be  vested 
with  the  functions  now  exercised  bv  the  Board  of  Estimates. 


469 

1910,  ch.  485,  sec.  3. 
8261.  That  the  Mayor  and  City  Council  of  Baltimore, 
through  the  agencies  hereinafter  mentioned,  is  hereby  vested 
and  clothed  with  full  power  and  authority  to  execute  and  carry 
into  effect  each  and  all  of  the  objects  and  to  do  each  and  all 
of  the  things  provided  for  or  contemplated  by  this  Act  as  afore- 
said, and  to  have  and  exercise  each,  every  and  all  powers,  and  to 
do  any  and  all  things  which,  by  any  thing  short  of  a  palpably 
forced  construction,  it  may  deem  desirable,  convenient  or  proper 
to  further  and  accomplish  the  objects  of  this  Act  or  any  of 
them;  and  especially  is  the  Mayor  and  City  Council  of  Balti- 
more, acting  in  this  respect  through  the  agency  of  the  Board  of 
Estimates,  fully  authorized  and  empowered,  to  rent,  lease  or 
hire  out  all  public  wharves,  docks,  piers,  warehouses,  sheds, 
structures  and  buildings,  or  parts  thereof,  or  rights  of  user 
thereof  or  therein,  or  space  therein,  upon  such  terms  and  con- 
ditions, to  such  persons,  firms  or  corporations,  and  for  such 
duration,  as  to  said  Board  of  Estimates  may  seem  proper;  and 
any  board  in  which  the  powers  now  exercised  by  the  Board  of 
Estimates  may  hereafter  be  vested,  shall  exercise  the  functions 
by  this  section  conferred  upon  said  Board  of  Estimates. 

1910,  ch.  4S5,  sec.  4. 

826m.  That  when  and  as  often  as  resort  shall  be  had  under 
this  Act  to  condemnation  proceedings  in  connection  with  laying 
out,  opening,  extending,  widening,  narrowing,  straightening  or 
closing  of  any  streets,  avenues,  lanes  or  alleys  or  parts  thereof, 
then  after  the  authorization  and  approval,  as  aforesaid,  of  the 
Board  of  Estimates,  such  proceedings  shall  be  instituted,  pros- 
ecuted and  conducted  by  the  Commissioners  for  Opening  Streets 
of  the  City  of  Baltimore,  and  the  procedure  of  said  Commis- 
sioners and  their  rights  and  powers,  shall  be  such  as  now  or 
hereafter  may  be  prescribed  by  law  in  relation  to  their  ordinary 
duties  and  powers  of  the  same  nature,  provided  that  no  pre- 
liminary notice  shall,  in  any  case,  be  requisite  to  the  exorcise 
by  the  said  Commissioners,  after  the  prior  authorization  and 
approval  of  the  Board  of  Estimates  as  aforesaid,  of  their  said 
powers  under  this  Act ;  and  any  commission,  board,  department 
or  officials  in  which,  or  in  whom,  the  general  powers  are  ex- 
ercised by  the  Commissioners  for  Opening  Streets,  may  here- 
after be  vested,  shall  exercise  as  aforesaid,  the  functions 
by  this  section  conferred  upon  said  (commissioners  for 
Opening  Streets,  when  and  so  often  as  resort  shall  be  had 
under  this  Act  to  condoTiiiKit  ion  in'o^-ccdings,  in  ciuiiiccl  ion  witli 
any  of  the  rights  ;iii(l  |)ovv(ts  licrcby  authorized  of  any  wock 
hereby  contemplated,  ofhcr  tlian  sndi  as  rchitcs  to  sti-ccts,  ;i\('- 


470 

nues,  lanes  and  alleys,  for  which  provision  has  just  been  made ; 
in  every  such  case  the  procedure,  rights  and  powers,  with  respect 
to  such  condemnation,  shall  be  such  as  liiay  now  or  hereafter  be 
prescribed  by  law  with  regard  to  tlie  ordinary  powers  of  the 
Mayor  and  City  Council  of  Baltimore  for  the  condemnation  of 
property,  except  that  no  ordinance  shall  be  necessary  to  such 
proceedings,  but  the  only  pre-requisites  thereto  shall  be  the 
authorization  of  the  Harbor  Board  of  Baltimore  City,  or  s.uch 
other  department,  sub-department,  board,  commission,  official 
or  officials,  in  which,  or  in  whom,  the  powers  and  duties  now  ex- 
ercised by  said  Harbor  Board  may  hereafter  be  vested,  and 
also  the  approval  of  the  Board  of  Estimates  or  of  such  other 
Board  as  may  hereafter  be  authorized  to  exercise  the  functions 
now  exercised  by  said  Board  of  Estimates,  or  the  procedure, 
rights  and  powers  with  respect  to  any  or  all  condemnations  auth- 
orized by  this  Act  may  be  such  as  may  be  provided  for  the  very 
purpose  by  any  lawful  ordinance  or  ordinances  of  the  Mayor 
and  City  Council  of  Baltimore,  which  said  ordinance  or  ordi- 
nances the  Mayor  and  City  Council  of  Baltimore  is  hereby  fully 
authorized  to  adopt ;  provided  provision  is  made  therein  for 
reasonable  notice  to  the  owner  or  owners,  and  for  appeals  to  the 
Baltimore  City  Court,  and  the  right  of  appeal  to  the  Court  of 
Appeals,  by  any  person  interested,  including  the  Mayor  and 
City  Council  of  Baltimore,  from  the  decisions  of  any  commis- 
sion, board,  department  or  officials  appointed  to  value  any  such 
land  or  property  or  interest,  franchise,  easement,  right  or  privi- 
lege therein. 

1910.  ch.  485,  sec.  5. 
826n.  That  the  proceedings  under  this  Act,  for  the  grading, 
paving  and  curbing  of  streets,  avenues,  lanes  or  alleys,  or  parts 
thereof,  or  of  bridges  or  parts  thereof,  and  for  the  establishing 
and  fixing  of  the  building  lines  and  of  the  width  of  sidewalks, 
after  the  authorization  and  approval,  as  aforesaid,  of  the  Board 
of  Estimates,  shall  be  instituted,  prosecuted  and  conducted  by 
such  departments,  sub-departments,  board,  commission  or  officer 
of  the  City  of  Baltimore  as  may  now  or  hereafter  be  clothed 
with  the  exercise  of  rights  and  powers  of  a  similar  nature  and 
his  or  their  procedure  and  rights  and  powers  shall  be  such  as  now 
or  hereafter  may  be  prescribed  by  law  in  respect  to  his  or  their 
said  ordinary  duties  and  powers  of  a  similar  nature. 

1910,  ch.  485,  sec.  6. 
826o.      That  except  in  so  far  as  provision  is  otherwise  made 
in  section  3  hereof,  with  respect  to  the  function  of  renting,  leas- 
ing and  hiring  out  conferred  upon  the  Board  of  Estimates,  and 
in  section  4  hereof,  with  respect  to  condemnation  in  connection 


471 

with  streets,  avenues,  lanes  and  alleys,  or  parts  thereof,  and  in 
section  5  hereof,  each  and  all  of  the  rights  and  powers  hereby 
conferred  shall  be  exercised,  and  the  work  herein  provided 
for  shall  be  executed  by  the  Harbor  Board  of  Baltimore  City, 
or  by  any  other  department,  sub-department,  board,  commission, 
official  or  officials,  in  wdiich  or  in  whom  the  powers  and  duties 
now  exercised  by  said  Harbor  Board  may  hereafter  be  vested, 
subject,  however,  to  the  authorization  and  approval  of  the 
Board  of  Estimates  as  aforesaid. 

JOXES'  FALLS  IMPKOVEMEXT. 
FALLSWAY. 

1910,  ch.  110,  sec.  1. 
826p.  That  the  Mayor  and  City  Council  of  Baltimore  be  and 
it  is  hereby  authorized  and  empo^vered  to  open,  construct  and 
establish  a  public  highway  in  the  City  of  Baltimore,  beginning 
at  or  near  the  northerly  end  of  the  City  Docks,  and  running 
thence  northerly  along,  adjoining  or  over  the  bed  of  Jones'  Falls, 
with  a  diversion  or  diversions  from  said  Falls,  and  wdth  con- 
nection with  streets  crossing  said  highway,  or  running  near  it  to 
]\It.  Royal  avenue,  at  or  near  its  junction  with  Oliver  street  or 
Guilford  avenue,  and  to  acquire  for  said  purposes  landed  or 
other  property  in  the  bed  of  said  highway  and  adjacent  thereto 
on  either  or  both  sides  thereof. 

1910,  ch.  110,  sec.  2, 
826(].  That  before  proceeding  to  open  and  construct  said 
highway,  including  the  acquiring  of  property  adjacent  thereto, 
the  Mavor  and  Citv  Council  of  Baltimore  shall  by  ordinance 
provide  therefor,  and  there  shall  be  designated  upon  a  proper 
plat  the  property,  landed  or  other,  that  is  to  be  acquired  in, 
along  or  adjacent  to  said  highway. 

1910,  ch.  110,  sec.  3. 

826r.  That  the  Mayor  and  City  Council  of  Baltimore  is 
hereby  authorized  and  empowered  to  delegate  to  the  Commission 
known  as  the  '^Commission  on  City  Plan,"  the  duty  and  power 
of  opening,  constructing  and  establishing  said  highway,  and  to 
confer  by  ordinance  on  said  Commission  the  power  to  condemn 
and  acquire  by  purchase  or  condemnation  the  lands  and  })i'op- 
erty  mentioned  in  the  last  |)receding  section  of  this  Act,  and 
siicli  other  powers  possessed  by  said  Mayor  and  (^ity  Conncll  of 
J>altimore,  relating  to  the  laying  out,  opening  and  constrnction 
of  liighways  and  accjuiring  projX'i'ty.  landed  or  other,  adjacent 
thereto,  as  it  may  deem  ])ropei-,  including  the  j)owei's  vested  in 
it    by   Chaptei-   100   of   the   Acts   of   the   General    Assend)ly    of 


472 

Maryland,  passed  at  its  session  of  the  year  nineteen  hundred 

and  eight. 

1910,  ch.  110,  sec.  4. 

826s.  That  any  landed  or  other  property  acquired  under 
the  provisions  of  this  Act,  excepting  lands  lying  in  the  bed 
of  said  highway,  may,  after  said  highway  has  been  laid  out,  be 
sold  by  the  Mayor  and  City  Council  of  Baltimore  or  said  Com- 
mission, if  power  to  make  such  sales  be,  as  it  may  be,  delegated 
by  ordinance  to  said  Commission,  for  such  prices,  at  such  times 
and  on  such  terms  as  may  by  ordinance  be  provided.  The 
moneys  arising  from  such  sales  are  to  be  paid  into  the  city 
treasury  and  kept  apart  as  a  separate  fund  to  be  known,  as  '^Com- 
mission  on  City  Plan  Fund''  and  are  to  be  exclusively  used  by 
said  "Commission  on  City  Plan"  for  such  public  improvements 
as  may  be  approved  by  said  Commission  and  authorized  by  ordi- 
nance of  the  flavor  and  City  Council  of  Baltimore. 

1910.  ch.  110,  sec.  5. 
826t.  That  for  the  purpose  of  providing  the  moneys  requi- 
site for  opening,  constnicting  and  establishing  said  highway, 
and  purchasing  or  acquiring  said  property,  the  Mayor  and  City 
Council  of  Baltimore  is  hereby  authorized  to  issue  the  stock 
of  the  said  corporation  to  an  amount  not  exceeding  one  million 
($1,000,000)  dollars,  face  value  thereof,  said  stock  to  be  issued 
from  time  to  time  and  to  bear  such  rate  of  interest,  and  to 
mature  at  such  time  or  times  as  the  Mayor  and  City  Council  of 
Baltimore,  may,  by  ordinance,  provide;  provided,  however, 
that  said  stock  shall  not  be  issued  in  whole  or  in  part  unless 
and  until  an  ordinance  of  the  Mavor  and  Citv  Council  of 
Baltimore  pro^'iding  for  the  issuance  thereof  shall  be  sub- 
mitted to  the  legal  voters  of  the  City  of  Baltimore  at  such  times 
and  place  or  places  as  may  be  fixed  by  said  ordinance  and  be 
approved  by  a  majority  of  the  votes  cast  at  such  time  and  place 
or  places  as  required  by  section  7,  Article  11  of  the  Constitution 
of  Maryland.  If  issued  pursuant  to  said  approval  the  Mayor 
and  City  Council  of  Baltimore  shall  levy  in  each  and  every  year 
upon  all  property  liable  to  taxation  in  Baltimore  City,  a  suffi- 
cient sum  to  pay  the  interest  on  said  stock  and  to  create  a 
sinking  fund  sufficient,  with  the  aid  of  any  premium  on  the 
sale  thereof,  to  redeem  said  stock  at  maturity. 

Under  Act  of  1910,  Chapter  110.  Commissioners  for  Opening  Streets 
may  be  authorized  to  open  the  Fallsway.  Benefits  may  be  assessed  for 
opening. 

P.  B.  &  W.  V.  Baltimore,  121  Md.  505. 

No  notice  required  before  Ordinance  under  Act  of  1910,  Chapter  110. 
Safe  Deposit  and  Trust  Company  v.  Baltimore.  121  Md.  523. 

Under  Act  of  1910,  Chapter  110.     Loan  authorized  by  this  Act  valid. 
Bond  V.  Baltimore.  11(5  Md.  6S3. 


473 
MUNICIPAL  LIGHTING  PLANT. 

1900,  ch.  152. 

826u.  The  Mayor  and  City  Council  of  Baltimore  is  hereby 
authorized  to  issue  its  stock  to  an  amount  not  exceeding  one 
million  three  hundred  and  fifty  thousand  dollars,  to  be  issued 
from  time  to  time,  in  such  amounts,  and  payable  at  such  time 
and  bearing  such  rate  of  interest  as  the  said  Mayor  and  City 
Council  of  Baltimore  shall  by  ordinance  prescribe.  The  pro- 
ceeds of  said  issue  to  be  used  to  provide  a  public  lighting  plant 
to  supply  said  city  and  the  inhabitants  thereof  with  light,  but 
said  stock  shall  not  be  issued  unless  the  Mayor  and  City  Council 
shall  by  ordinance  determine  to  erect  and  equip  such  public 
lighting  plant,  and  unless  the  ordinance  providing  for  the  issue 
of  said  stock  shall  be  approved  by  a  majority  of  the  legal  voters 
of  said  city,  cast  at  some  time  and  place  to  be  fixed  by  said 
ordinance  in  a  provision  for  submitting  the  same  to  the  legal 
voters  of  said  city,  as  required  by  section  7  of  Article  XI  of  the 
Constitution  of  this  State. 

This  loan  has  not  been  submitted  to  the    people. 

POLICE  STATION-HOUSES. 

1910,  ch.  570. 
826v.  That  the  Mayor  and  City  Council  of  Baltimore  be  and 
it  is  hereby  authorized  to  issue  stock  to  an  amount  not  exceeding 
one  million  dollars ;  said  stock  to  be  issued  from  time  to  time 
as  the  Mayor  and  City  Council  of  Baltimore  shall  by  ordinance 
provide,  and  to  be  issued  for  such  amounts  and  to  be  payable 
at  such  time  and  to  bear  such  rate  of  interest  as  the  Mayor  and 
City  Council  of  Baltimore  shall  by  ordinance  provide ;  and  the 
proceeds  thereof  to  be  used  for  the  purpose  of  acquiring  by 
purchase,  condemnation  or-  otherwise,  land  for  police  station- 
houses  and  other  buildings  for  police  department  purposes  and 
of  constructing  and  re-constructing  police  station-houses  and 
other  buildings  for  police  department  purposes,  but  said  stock 
shall  not  be  issued  in  whole  or  in  part  unless  the  ordinance  of 
the  Mayor  and  City  Council  of  Baltimore  providing  for  the 
issuance  thereof  shall  be  submitted  to  the  legal  voters  of  the 
City  of  Baltimore  at  such  time  and  place  as  may  be  fixed  by 
said  ordinance  and  be  approved  by  a  majority  of  the  votes  cast 
at  such  time  and  place,  as  required  by  section  7  of  Article  11  of 
the  Constitution  of  Maryland. 

SCHOOLS. 
Act  of  1910,  Chapter  92. 
826\v.      That  tlic  Mayor  and  City  (Council  of  lialtimore  be  and 
it  is  licrebv  aiitliori/ed  to  issue  its  stock  to  an  amount  not  vx- 


474 

ceeding  one  million  five  hundred  thousand  dollars,  said  stock 
to  be  issued  from  time  to  time  as  the  Mayor  and  City  Council 
of  Baltimore  shall  by  ordinance  provide;  and  to  be  issued  for 
such  amount  and  to  be  payable  at  such  time  and  to  bear  such 
rate  of  interest  as  the  Mayor  and  City  Council  of  Baltimore  shall 
by  ordinance  provide ;  and  the  proceeds  of  one  million  two  hun- 
dred thousand  dollars  thereof  to  be  used  exclusively  for  the 
purpose  of  acquiring  b}^  purchase,  condemnation  or  otherwise, 
land  for  public  school  buildings  for  the  elementary  schools,  and 
of  constructing  and  reconstructing  public  school  buildings  for 
the  elementary  schools;  and  the  proceeds  of  three  hundred 
thousand  dollars  thereof  to  be  used  exclusively  for  the  purpose 
of  acquiring  by  purchase,  condemnation  or  otherwise,  land  for 
public  school  buildings  for  the  secondary  schools  and  of  con- 
structing and  reconstructing  public  school  buildings  for  the 
secondary  schools ;  but  said  stock  shall  not  be  issued  in  whole 
or  in  part  unless  the  ordinance  of  the  Mayor  and  City  Council 
of  Baltimore  providing  for  the  issuance  thereof  shall  be  sub- 
mitted to  the  legal  voters  of  the  City  of  Baltimore,  at  such  time 
and  place  as  may  be  fixed  by  said  ordinance,  and  be  approved 
by  a  majority  of  the  votes  cast  at  such  time  and  place  as  re- 
quired by  section  7  of  Article  11  of  the  Constitution  of  ]\Tary- 
land. 

SINKING  FUND  BONDS. 

1910,  ch.  549,  sec.  1. 
826x.  That  the  Mayor  and  City  Council  of  Baltimore  be  and 
it  is  hereby  authorized  to  issue  bonds,  to  be  called  ''General 
Fund  Bonds,''  in  an  amount  not  exceeding  three  million  dollars 
($3,000,000),  for  the  purpose  of  investing  therein  certain  parts 
of  the  revenues  and  income  of  the  various  sinking  funds  created 
for  the  redemption  at  maturity  of  the  various  outstanding  cer- 
tificates of  indebtedness  and  stock  issued  by  the  Mayor  and  City 
Council  of  Baltimore :  but  said  bonds  shall  not  be  issued  in 
whole  or  in  part  unless  the  ordinance  of  the  Mayor  and  City 
Council  of  Baltimore  providing  for  the  issuance  thereof  shall  be 
submitted  to  the  legal  voters  of  the  City  of  Baltimore  at  sucli 
time  and  place  as  may  be  fixed  by  said  ordinance  and  shall  be 
approved  by  a  majority  of  the  votes  cast  at  such  time  and  place 
as  required  by  section  7  of  Article  11  of  the  Constitution  of 
Maryland. 

1910.  ch.  549,  sec.  2. 

826y.     That  the  "General  Fund  Bonds"  hereby  authorized 

to  be  issued  shall  be  obligations  of  the  City  of  Baltimore,  like 

other  bonds  and  stock  of  said  city,  and  shall  be  subject  to  all 

provisions  of  law  applicable  to  corporate  bonds  and  stock  of  the 


475 

City  of  Baltimore  which  are  not  inconsistent  with  the  provi- 
sions of  this  section.  The  faith  and  credit  of  the  City  of  l>alti- 
more  is  hereby  pledged  for  the  fulfillment  of  all  the  obligations 
created  by  the  "General  Fund  Bonds."  The  Commissioners 
of  Finance  in  the  year  nineteen  hundred  and  eleven,  and  in  each 
and  every  year  until  the  maturity  of  all  certificates  of  indebted- 
ness, bonds  and  stocks  heretofore  issued  by  the  city,  shall  set 
apart  out  of  the  revenues  and  income  of  each  sinking  fund, 
except  the  income  and  accumulation  thereof  derived  from 
assets  held  by  said  sinking  fund  on  the  first  day  of  January, 
nineteen  hundred  and  eleven,  and  except  also  the  income  and 
accumulation  thereof  derived  from  the  amount  to  be  thus  an- 
nually set  apart,  a  sum  which,  with  the  accumulation  of  interest 
thereon,  together  with  the  assets  of  such  sinking  fund  and  the 
earnings  and  accumulations  thereof,  shall  be  sufiicient  to  redeem 
at  maturity  all  said  certificates,  bonds  or  stock  redeemable  from 
said  fund.  As  soon  as  convenient,  before  the  meeting  of  the 
Council  in  the  year  nineteen  hundred  and  ten,  held  for  the 
purpose  of  considering  the  Annual  Ordinance  of  Estimates,  and 
thereafter  at  least  five  weeks  before  such  annual  meeting  in  every 
year  for  such  purpose,  the  Commissioners  of  Finance  may, 
in  their  discretion,  certify  to  the  Board  of  Estimates  the  amount 
estimated  by  the  said  Commissioners  of  Finance  as  income 
from  all  sources  from  each  of  said  sinking  funds  during  the  then 
calendar  year,  and  the  amount  required  by  this  section  to  be  set 
apart  for  such  calendar  year  out  of  such  revenues  and  income 
for  the  redemption  of  certificates,  bonds  or  stock  to  which  said 
fund  is  pledged.  If  in  any  year  the  estimated  amount  of 
revenues  or  income  of  any  sinking  fund  or  funds,  excepting  the 
income  and  accumulation  thereof  derived  from  the  assets  held 
by  such  fund  on  the  first  day  of  January,  nineteen  hundred  and 
eleven,  and  from  the  amounts  annually  set  apart  for  the  re- 
demption of  certificates,  bonds  and  stocks  as  by  this  section  re- 
quired, shall  exceed  the  amount  required  to  be  set  apart  in 
such  year  as  in  this  section  provided,  the  Commissioners  of 
Finance  may,  in  their  discretion,  at  the  time  of  making  and  cer- 
tifying to  the  Boai'd  of  Estimates,  determine  to  inv(!st  the  whole 
or  any  part  of  such  excess  in  "General  Fund  lionds"  for  account 
of  such  sinking  fund  or  funds;  but  such  investment  shall  not 
be  made  in  any  year  until  the  amount  required  by  this  section  to 
be  set  apart  for  such  year,  as  provided  herein,  shall  have  been 
so  set  apart,  "^riio  Commissioners  of  Finance  sliall  tlien  notify 
the  City  Kcgister  of  the  amount  or  amounts,  if  any,  which  it 
has  been  determined  to  invest  in  "General  Fund  Bonds"  during 
the  current  year;  the  City  Register,  upon  their  oi-dcr  and  upon 


476 

receipt  of  the  money  thus  to  be  invested,  shall  issue  and  deliver 
to  the  Commissioners  of  Finance  for  account  of  said  fund, 
"General  Fund  Bonds,"  of  the  face  value  of  the  money  re- 
ceived; and  shall  forthwith  pay  into  the  City  Treasury  the 
money  thus  received  which  shall  be  deemed  to  be  a  part  of  the 
general  fund  and  be  used  for  the  reduction  of  taxation.  "Gen- 
eral Fund  Bonds"  shall  be  issued  to  the  Coimnissioners  of 
Finance  only,  except  as  hereinafter  in  this  section  expressly 
provided,  for  account  of  the  sinking  funds.  They  shall  bear 
interest,  payable  from  taxation,  at  the  rate  of  not  more  than 
four  per  centum  per  annum,  and  shall  be  due  and  payable  at 
such  time  as  shall  be  determined  by  the  Mayor  and  City  Coun- 
cil of  Baltimore,  but  not  earlier  than  the  year  nineteen  hundred 
and  lifty-five,  and  shall  in  all  respects,  except  as  in  this  section 
otherwise  expressly  provided,  be  like  other  corporate  bonds  and 
stocks  of  the  city.  The  rights,  powers,  duties  and  obligations 
of  the  Commissioners  of  Finance  in  respect  to  said  "General 
Fund  Bonds,"  shall  be  the  same  in  all  particulars,  except  as  in 
this  section  otherwise  expressly  provided,  as  with  respect  to  all 
other  corporate  bonds  and  stocks  of  said  city,  in  said  sinking 
fund.  When  any  issue  of  certificates  of  indebtedness,  bonds  or 
stocks,  matures  and  is  paid,  all  "General  Fund  Bonds"  in 
the  sinking  fund  securing  said  issue  shall  be  immediately  can- 
celled. If  in  any  year  it  shall  appear  to  the  Commissioners 
of  Finance  that  the  revenues  and  income  of  any  sinking  fund 
will  be  insufficient  to  provide  the  sum  by  this  section  required 
to  be  set  apart  in  said  year,  the  said  Commissioners  of  Finance 
may,  in  their  discretion,  notify  the  Board  of  Estimates,  and 
upon  the  written  request  of  the  Commissioners  of  Finance,  the 
said  Board  shall  include  in  the  annual  budget  for  the  next 
ensuing  year  a  sum  sufficient,  when  added  to  the  amount  of 
the  estimated  revenues  and  income  for  that  year,  to  make  good 
the  deficiency;  and  the  Council  shall  have  no  power  to  reduce 
or  reject  any  such  appropriation.  If  at  any  time  it  shall  be 
necessary,  in  order  to  provide  for  the  redemption  of  any  issue 
of  certificates  of  indebtedness,  bonds  or  stocks,  redeemable  from 
any  sinking  fund,  the  Commissioners  of  Finance  may  purchase 
from  such  sinking:  fund  for  account  of  anv  other  sinking  fund, 
or  may  sell  at  public  sale  to  the  highest  bidder,  such  amount  of 
"General  Fund  Bonds"  then  held  by  said  first-named  sinking 
fund  as  may  be  necessary  for  that  purpose.  Whenever  such 
"General  Fund  Bonds"  are  sold  to  other  sinking  funds  of  this 
city,  or  at  public  sale,  there  shall  be  raised  annually  by  taxa- 
tion and  paid  into  a  special  sinking  fund  a  sum  which,  with  the 
accumulation  of  interest  thereon,  shall  be  sufficient  to  redeem 
the  bonds  so  sold  at  maturitv ;  but  no  annual  sum  shall  be  raised 


477 

for  the  redemption  at  maturity  of  the  principal  of  any  other 
"General   Fund  Bonds." 

WATER  SUPPLY  IMPROVEMENT. 

1908,  ch.  214,  sec.  1. 
826z.  That  the  Mayor  and  City  Council  of  Baltimore  be  and 
it  is  hereby  authorized  and  empowered  to  convert  the  entire 
valley  or  basin  of  the  Gunpowder  River,  in  Baltimore  County, 
and  its  dependencies,  or  so  much  thereof  as  may  be  necessary 
for  the  purposes  of  this  Act,  from  the  present  dam,  at  the  lower 
end  of  Loch  Raven,  in  said  county,  to  the  upper  end  of  the 
village  of  Phoenix,  in  said  county,  or  to  such  point  above  said 
village  as  may  be  necessary  or  proper  for  the  purposes  of 
this  Act,  into  a  reservoir  or  basin  for  augmenting  and  improv- 
ing the  municipal  water  supply  of  the  City  of  Baltimore ;  to 
create,  establish  and  maintain  said  reservoir  or  lake  and  its 
appurtenances,  and  to  conduct  the  waters  of  said  reservoir  or 
lake,  along  such  route,  or  routes,  and  in  such  manner,  and  by 
such  instrumentalities  and  means,  as  may  be  necessary  or 
proper  fgr  the  purposes  of  this  Act,  including  such  works,  and 
their  appurtenances  at  Lake  Roland,  and  at  or  near  Baltimore 
City,  as  may  be  necessary  or  proper  for  the  purposes  of  this  Act, 
to  the  City  of  Baltimore  and  its  environs  for  the  use  of  said  city, 
and  of  its  inhabitants,  and  of  such  other  persons  as  may  now 
or  hereafter  be  lawfully  furnished  with  water  by  said  city,  to 
utilize,  appropriate,  divert,  deflect,  straighten,  riprap,  or  other- 
wise modify  or  control,  for  the  purposes  of  this  Act,  all  springs, 
brooks,  creeks,  rivulets,  rivers  or  other  water  courses,  tributary 
(or  capable  of  being  rendered  tributary)  to,  or  obstructive  of, 
the  purposes  of  this  Act;  to  create,  establish,  set  apart  and 
maintain,  regulate  and  protect,  afforest  or  otherwise  improve 
water  sheds  and  reservations  along,  and  to  such  full  extent  of 
adjacency  as  may  be  necessary  for  the  purposes  of  this  Act, 
adjacent  to  the  waters  of  said  reservoir  or  lake,  for  securing 
a  pure,  copious,  and  constant  flow  of  water  into  said  reservoir  or 
lake,  to  create,  establish  and  maintain,  construct,  erect,  lay,  lay 
out  and  employ  all  such  dams,  walls,  bulkheads,  dykes,  inlets, 
waste  ways,  water  gates,  bridges,  tunnels,  aqueducts,  water 
ways,  conduits,  culverts,  drains,  mains,  pipes,  settling  or  other 
reservoirs,  lakes,  basins  or  ponds,  power  houses,  pump  houses 
or  other  buildings,  structures  or  erections,  roads,  ways,  ap- 
proaches, appurt(>nances,  agencies,  instrumentalities  or  means, 
as  may  Ixi  necessary  or  proper,  for  the  purposes  of  this  Act,  in- 
cluding all  instrumentalities  or  means  for  diverting,  deflecting, 
disposing    of,    controlling,    collecting,    confining,    impounding. 


478 

storing,  protecting,  clarifying,  purifying,  transmitting  or  dis- 
tributing, or  otherwise  handling,  water  that  may  be  necessary  or 
proper  for  the  purpose  of  promoting  or  securing  the  full  working 
efficiency  and  utility  of  said  reservoir,  or  lake  for  the  objects  for 
which  it  is  intended  by  this  Act ;  to  incorporate  with  said  reser- 
voir or  lake  and  its  appurtenances,  for  the  purposes  of  this  Act, 
all,  or  any  part,  or  parts  of  Loch  Raven  and  its  appurtenances 
or  environs,  or  all  or  any  part,  or  parts,  of  Lake  Roland  and  its 
appurtenances  or  environs,  to  utilize,  extend,  enlarge,  reinforce, 
adapt,  reconstruct,  alter,  re-equip  or  repair,  for  the  purposes 
of  this  Act,  or  for  other  purposes  affecting  the  municipal  water 
supply  of  Baltimore  City,  all,  or  any  part,  or  parts,  of  the 
present  water  system  of  Baltimore  City  and  its  appurtenances ; 
to  appoint  or  employ  such  professional  or  technical  advisers 
and  experts  and  such  agents,  assistants,  clerks,  employes,  in- 
cluding all  members  of  the  police  service  hereinafter  mentioned, 
and  laborers,  skilled  or  unskilled,  of  all  kinds,  as  it  may  deem 
requisite  for  the  due  and  proper  execution  of  this  Act,  and  to 
fix  their  respective  compensations,  and  to  remove  and  discharge 
them  at  its  pleasure  (except  such  highly  trained,  experienced  or 
skilled  individuals  as  it  may  appoint  or  employ  upon  special 
terms  for  definite  and  fixed  periods  of  time)  and  to  exact  from 
them  such  indemnity  bonds  for  the  proper  performance  of  their 
respective  duties  as  it  may  deem  proper ;  to  purchase,  hire  or 
otherwise  lawfully  obtain  the  use  of  all  such  machinery,  appa- 
ratus, tools,  implements,  appliances,  supplies,  materials  and 
working  agencies  as  it  may  need  for  the  purposes  of  this  Act ; 
to  make  and  enter  into  any  and  all  contracts,  agreements  or 
stipulations  germane  to  the  scope  of  its  powers  under  this  Act ; 
to  make  all  such  preliminary  surveys  and  investigations,  and  to 
do  all  such  preliminary  work  under  this  Act  as  it  may  be 
advised  shall  be  necessary  or  proper  for  the  purposes  of  this 
Act ;  to  acquire  by  gift,  purchase,  arbitration,  exchange,  lease, 
whatever  the  duration  of  the  lease,  or  other  like  methods  of 
acquisition,  or  by  condemnation,  any  land  or  property,  public, 
quasi  public,  or  private,  situated  wholly  or  partly  in  Baltimore 
County  or  in  Baltimore  City,  or  situated  wholly  or  partly  in 
Anne  Arundel  County  or  in  any  other  county  of  this  State,  or 
any  interest,  franchise,  easement,  right  or  privilege  therein, 
which  may  be  required  for  any  of  the  purposes  of  this  Act, 
including  springs,  brooks,  creeks,  rivulets,  rivers  or  other  water 
courses,  mills,  factories,  and  industrial  plants  of  every  descrip- 
tion and  their  appurtenances,  workshops,  stores,  farm  buildings, 
structures,  and  erections,  churches,  grave  yards,  school  houses, 
or  other  school  property,  dwelling  houses,  out  houses,  bridges. 


479 

streets,  alleys,  roads,  and  ways,  and  all  other  buildings,  struc- 
tures, erections,  or  improvements  of  every  description,  on,  over, 
or  under,  land,  or  other  property,  or  any  interest,  franchise, 
easement,  right  or  privilege  therein,  and  in  like  manner  to 
acquire  any  corporate  franchises  or  any  other  thing  including 
earth,  timber,  stone,  or  other  materials,  or  places  of  temporary 
or  permanent  deposit  for  excavated  material  or  other  like  facili- 
ties for  effectuating  the  objects  of  this  Act,  of  any  sort  that 
may  be  required  for  the  purposes  of  this  Act ;  and  generally  to 
do  and  perform  all  and  every  svich  acts  or  things  which,  by  any- 
thing short  of  a  palpably  forced  construction,  could  be  held 
to  be  auxiliary  or  conducive  to  the  proper  exercise  of  any,  or 
all,  of  the  powers  by  this  Act  conferred  upon  the  Mayor  and 
City  Council  of  Baltimore,  or  to  the  eifective  accomplishment  of 
the  leading  purpose  of  this  Act,  namely,  the  collection,  accumu- 
lation and  maintenance  of  an  ample  supply  of  water  in  said 
main  reservoir  or  lake,  and  its  transmission  and  distribution  in 
as  abiindaiit,  clear,  piu*e,  healthful,  convenient  and  satisfactory 
a  character  as  possible  to  the  City  of  Baltimore,  and  its  inhabi- 
tants, and  such  other  persons  as  may  now  or  hereafter  be  law- 
fully supplied  with  water  by  the  City  of  Baltimore  for  its  and 
their  uses.  The  title  acquired  by  condemnation,  or  otherwise, 
by  the  Mayor  and  City  Council  of  Baltimore,  under  this  Act, 
for  the  purposes  thereof,  shall,  as  to  land,  or  other  property, 
or  things  required  for  said  main  reservoir  or  lake,  or  for  sub- 
sidiary reservoirs,  lakes,  ponds  or  basins,  or  for  said  water 
sheds  or  reserves,  or  for  surface  buildings,  erections,  struc- 
tures, works  or  things  of  a  permanent  character,  involving  the 
idea  of  exclusive  use  and  occupation  by  the  Mayor  and  City 
Council  of  Baltimore,  be  in  fee  simple,  but  may,  as  to  land,  or 
other  property,  or  things,  required  for  other  purposes  under 
this  Act,  be  in  fee  simple,  or  limited  to  some  lesser  quantum 
of  interest,  in  point  of  estate,  or  duration,  accordingly  as  the 
Mayor  and  City  Council  of  Baltimore  may  determine. 

1908,  ch.  214,  sec.  2. 
826aii.  Thiit  tlic  County  Commissioners  of  IJaltimore  Coun- 
ty, or  of  any  other  county,  whose  interests  in  any  respect  may 
become  involved  in  the  execution  of  this  Act,  or  any  part  or 
parts  thereof,  or  any  body  politic,  quasi-public  corporation, 
turnpike  company,  or  private  corporation,  whose  interest  in 
any  respect  may  jaecome  involved  in  the  execution  of  this  Act, 
or  any  y)art,  or  parts,  thereof,  shall  be,  and  is,  or  are  hereby 
authorized  and  empowered,  anything  in  the  terms  of  their  or  its 
chartered  existence  or  powers,  to  the  contrary  notwithstanding, 
to  enter  into  all  sudi  contracts,  agreements,  stipulations  or  ar- 


480 

rangemcnts,  deeds,  conveyances  or  transfers  with  the  Mayor 
and  City  Conncil  of  Baltimore  as  may  be  necessary  or  proper 
for  the  purposes  of  this  Act,  or  any  of  them. 

1908,  ch.  214,  sec.  3. 
826bb.  That,  when  and  so  often,  as  resort  shall  be  had  to 
condemnation  proceedings  under  this  Act,  the  procedure,  so 
far  as  the  acquisition  by  condemnation  of  any  land  or  property 
or  thing  situated  within  the  City  of  Baltimore,  or  any  interest, 
franchise,  easement,  right  or  privilege  therein  is  concerned, 
may,  in  any  case,  or  cases,  at  the  option  of  the  Mayor  and  City 
Council  of  Baltimore,  be  such  as  may  now,  or  at  any  time  here- 
after, be  provided  for  by  any  lawful  general  ordinance,  or 
ordinances  of  the  Mayor  and  City  Council  of  Baltimore, 
adopted  pursuant  to  the  powers  conferred  upon  it  by  section 
6  of  Article  4,  entitled  ''City  of  Baltimore,"  of  the  Code  of 
Public  Local  Laws  of  Maryland,  title  "General  Powers,"  sub- 
title "Condemnation  of  Property,"  for  the  condemnation  of 
land  or  property  or  interest  therein  for  the  municipal  needs  of 
the  City  of  Baltimore,  or  such  as  may  be  provided  for  the  very 
purpose  by  any  lawful  special  ordinance  or  ordinances  of  the 
Mayor  and  City  Council  of  Baltimore ;  which  said  lawful  spe- 
cial ordinance  or  ordinances,  the  said  Mayor  and  City  Council 
of  Baltimore  is  hereby  duly  authorized  to  adopt ;  provided,  that, 
in  every  such  special  ordinance,  provision  is  made  for  reasona- 
ble notice  to  the  owner  or  owners,  and  for  appeals  to  the  Balti- 
more City  Court,  including  the  right  of  appeal  to  the  Court 
of  Appeals  by  any  person  interested,  including  the  Mayor  and 
City  Council  of  Baltimore,  from  the  decision  of  the  commis- 
sioners or  other  persons  appointed  to  value  any  such  land,  prop- 
erty or  thing,  or  interest,  franchise,  easement,  right  or  privi- 
lege therein ;  but  so  far  as  the  acquisition  by  condemnation 
of  any  land,  or  property,  or  thing  situated  within  Baltimore 
County,  or  within  any  other  county  of  this  State,  or  of  any 
interest,  franchise,  easement,  right,  or  privilege  therein  is 
concerned  the  procedure  shall  be  that  marked  out  by  section  6 
of  Article  4,  entitled  "City  of  Baltimore,"  of  the  Code  of 
Public  Local  Laws  of  Maryland,  title  "General  Powers,"  sub- 
title "Water,"  but  nothing  in  this  Act  is  to  be  taken  as  de- 
priving the  Mayor  and  City  Council  of  Baltimore,  of  any 
powers  of  condemnation  now  vested  in  it  by  law  not  inconsistent 
with  the  provisions  of  this  section. 

1908,  ch.  214,  sec.  4. 
826cc.     Except  as  hereinafter  provided,  that  all  work  done 
or  supplies  or  materials  purchased,   in  carrying  out  the  pur- 
poses of  this  Act,  when  involving  an  expenditure  of  five  hun- 


481 

dred  dollars  or  more  shall  be  by  contract,  awarded  to  the  lowest 
responsible  bidder,  in  accordance  with  the  provisions  of  sections 
14  and  15  of  Article  4,  entitled  "City  of  Baltimore,"  of  the 
Code  of  Public  Local  Laws  of  Maryland,  or  any  amendment, 
or  amendments,  thereof,  or  supplement,  or  supplements,  thereto. 

1908,  ch.  214,  sec.  5. 
826dd.  That  the  powers,  by  this  Act  conferred  upon  the 
]\Liyor  and  City  Council  of  Baltimore,  are  intended  to  be  in 
addition  to,  and  not  to  be  in  substitution  for,  any  power  here- 
tofore conferred  by  law  upon  it,  in  relation  to  the  municipal 
water  supply  of  Baltimore  City,  except  where  inconsistent 
therewith. 

1908,  ch.  214,  sec.  6. 
826ee.  That  the  said  ^Mayor  and  City  Council  of  Baltimore, 
shall  at  all  times  during  the  progress  of  said  work,  and  all  parts 
thereof,  at  its  own  expense,  maintain  an  efficient  police  service 
for  the  purpose  of  preserving  the  public  peace,  protecting 
property  and  preventing  crime  within  the  territory  occupied 
or  used  by  it  or  its  employes  in  the  prosecution  of  said  work, 
or  by  the  employes  of  contractors  or  sub-contractors  engaged 
on  such  work ;  the  officers  so  employed  by  said  city,  to  have  the 
power  to  make  arrests  of  persons  offending  within  such  terri- 
tory anywhere  in  Baltimore  County,  or  elsewhere  in  the  State ; 
such  offenders  shall  be  tried  in  Baltimore  County,  and  in  the 
event  of  conviction  and  imposition  of  a  jail  sentence,  whether 
by  the  Criminal  Court,  or  by  the  Justices  of  the  Peace  having 
jurisdiction,  shall  be  committed  to  the  Baltimore  City  Jail  in- 
stead of  to  the  county  jail ;  and,  in  all  such  cases,  the  Mayor 
and  City  Council  of  Baltimore  shall  reimburse  Baltimore 
County  for  all  costs  and  expenses  actually  incurred  by  it,  in- 
cluding the  sum  of  thirty  cents  per  day  for  every  person  com- 
mitted for  trial  to  Baltimore  County  Jail,  in  proceedings  against 
and  the  trial  and  commitment  of,  such  offenders,  court  costs 
to  be  pro-rated  by  the  Clerk  of  the  Circuit  Court  for  Baltimore 
County,  upon  the  basis  of  time  actually  consumed  in  such  trials 
or  other  proceedings ;  all  such  costs  to  be  adjusted  and  paid 
semi-annually.  Said  police  service  shall  be  subject  to  the  super- 
vision and  direction  of  the  marshal  of  the  police  force  of  Balti- 
more County. 

1908.  ch.  214,  sec.  7. 

826ff.  Immediately  upon  the  approval  of  the  loan  of 
$.5,000,000,  hereinafter  mentioned,  by  the  legal  voters  of  Balti- 
more City,  but  not  otherwise,  the  Mayor  and  City  Council  nf 
Baltimore  shall  pay  to  the  ti-easurer  of  Baltimore  County,  out 
of  the  proceeds  of  said  loan,  the  sum  of  thirty-five  tlioiisaiid 

(16) 


482 

dollars,  in  lieu,  and  release  of,  and,  as  full  compensation  for, 
all  county  taxes  due,  or  to  become  due,  on  any  and  all  land, 
property,  or  things,  acquired,  or  held,  or  thereafter  to  be  ac- 
quired or  held,  by  said  Mayor  and  City  Council  of  Baltimore, 
under  the  loan  hereinafter  provided  for  and  under  the  provi- 
sions of  this  Act,  or  in  connection  with  the  work  herein  con- 
templated, and  thereafter  such  land,  property,  or  things,  when 
so  held  or  acquired  by  said  city,  shall  be  exempt  from  taxa- 
tion for  county  purposes;  all  laws,  or  parts  of  laws,  incon- 
sistent herewith  being  hereby  repealed  to  the  extent  of  such 
inconsistency.  The  object  of  this  section  is  to  indemnify  Bal- 
timore County  against  all  loss  in  taxes,  immediate  or  prospec- 
tive, that  may  be  entailed  upon  it  by  the  appropriation  for 
public  use,  by  the  Mayor  and  City  Council  of  Baltimore,  of  any 
and  all  such  land,  property  or  things. 

1908,  ch.  214,  sec.  8. 
826gg.  That  the  Mayor  and  City  Council  of  Baltimore,  in 
building  its  proposed  conduit  from  the  storage  lake  herein 
contemplated  to  the  City  of  Baltimore,  or  elsewhere,  shall  re- 
tain title  to,  and  control  of,  all  stone,  suitable  for  said  pur- 
poses, brought  to  the  surface,  from  the  line  of  such  conduit, 
where  the  same  is  situate  in  Baltimore  County,  and  shall  give 
the  proper  authorities  of  Baltimore  County  having  charge  .of 
the  roads  therein,  the  option  of  purchasing  so  much  of  said 
stone  as  they  may  require  at  any  time  during  the  progress 
of  such  work,  and  for  a  period  of  five  years  thereafter,  at  a 
price  not  exceeding  two  cents  per  cubic  yard  in  the  "dump ;" 
such  right  being  subject,  however,  to  the  city's  prior  right  to 
use  all  of  said  stone  that  it  may  need  in  the  construction  of 
roads,  or  other  works,  herein  provided  for,  as  contemplated. 

1908,  ch.  214,  sec.  9. 
826hh.  That  whenever  any  public  road,  or  bridge,  of  Balti- 
more County  shall  be  destroyed,  or  rendered  impassable,  in 
whole  or  in  part,  by  the  City  of  Baltimore,  in  connection  with 
the  work  herein  contemplated,  it  shall  be  the  duty  of  said  city 
to  replace  the  same,  at  its  own  expense,  as  nearly  as  possible, 
with  a  suitable  and  convenient  road  or  bridge  in  lieu  thereof, 
and,  if  any  such  existing  public  road  or  bridge,  or  any  bridge 
or  road,  so  built  in  lieu  of  one  so  destroyed,  be  on,  or  through, 
property  acquired  by  said  city  for  the  purposes  contemplated  by 
this  Act,  it  shall  be  the  duty  of  said  city  thereafter,  at  all  times 
to  maintain  the  same  in  good  order  and  repair  for  the  free  use 
of  the  public,  so  far  as  the  same  may  be  on  or  through  such 


483 

property,  subject  co  such  provisions  and  conditions,  looking 
to  maintaining  the  purity  of  said  city's  water  supply,  as  the  said 
Mayor  and  City  Council  of  Baltimore  may  by  ordinance  impose ; 
and  provided  further,  that  the  said  Mayor  and  City  Council 
of  Baltimore  shall  not  have  the  power,  anything  in  this  Act,  or 
in  any  other  Act  or  law  to  the  contrary  notwithstanding,  to 
condemn  any  such  public  road  or  bridge  of  Baltimore  County, 
but  shall  have  the  right  to  divert,  alter,  close  or  destroy  any 
public  road  or  bridge  of  Baltimore  County,  when  necessary  in 
the  course  of  such  work,  only  by  agreement  with  the  Highways 
Commission  of  said  county,  or  other  proper  authorities,  having 
the  charge  and  control  thereof,  on  such  terms  as  to  replacing 
the  same  for  the  convenience  of  the  public  as  may  by  said  High- 
ways Commission,  or  other  proper  authorities,  be  required;  in 
the  event  that  said  city  and  county  authorities  may  not  be  able 
to  agree  upon  the  terms  under  whi<!h  said  road  or  bridge  is  to 
be  altered,  diverted,  closed,  or  destroyed,  or  upon  the  location 
or  character  of  the  highway,  or  bridge  to  replace  the  same,  or 
upon  any  other  terms  as  to  the  replacing  of  the  same,  the  matter 
shall  be  referred  to  the  Roads  Engineer  of  Baltimore  County, 
for  the  time  being,  and  the  City  Engineer  of  Baltimore  City, 
for  the  time  being,  who  shall  have  plenary  power  to  consider 
and  decide  all  questions  in  connection  with  such  diversion,  al- 
teration, closure,  or  destruction  of  such  highway  or  bridge,  and 
to  determine  where,  how,  and  in  what  manner,  and  within  what 
time,  the  same  shall  be  replaced  by  the  said  city,  including  the 
right  to  require  that  said  city  shall  build  bridges  over  and 
across  the  lake  contemplated  to  be  formed  under  this  Act ;  it 
being  in  the  contemplation  of  this  Act  that,  under  this  and  the 
eleventh  section  of  this  Act,  at  least  two  such  bridges  shall  be 
built,  at  locations  determined  by  such  engineers  to  be  the  most 
feasible  and  convenient  for  the  use  of  the  public,  injuriously 
aifectcd  by  the  destruction  or  alteration  of  existing  bridges  and 
roads,  No  road  or  bridge  shall  be  closed  or  altered,  in  whole 
or  in  part,  under  the  provisions  of  this  Act,  until  another  shall 
have  been  constructed  and  opened  to  the  public  in  lieu  thereof 
as  herein  provided,  said  engineers  shall  have  full  power  and 
authority  to  summon,  and  require  the  attendance  of,  all  wit- 
nesses, in  connection  with  their  in(|uiries  under  this  section,  and 
to  require  that  their  testimony  shall  be  taken  under  the  oath 
required  by  law;  the  same  to  be  administered  by  the  Clerk  of 
the  Circuit  Court  for  Baltimore  County,  or  by  some  Justice 
of  the  Peace  in  and  for  Baltimore  County.  The  said  engineers 
and  the  third  person  hereinafter  mentioned,  if  tluM-e  be  sudi. 


484 

shall  each  receive  a  per  diem  of  $10  while  actually  engaged 
ill  work  imposed  or  authorized  by  this  section,  the  same  and 
all  other  reasonable  expenses  of  said  engineers,  including  com- 
pensation to  witnesses,  at  the  regular  rates,  and  the  employment 
of  a  secretary,  if  such  emplo^onent  be  deemed  necessary  by 
said  engineers,  to  be  paid  by  the  City  of  Baltimore.  The 
decision  of  said  engineers  in  all  matters  between  the  city  and 
Baltimore  County  that  may  devolve  upon  them  under  this  sec- 
tion shall  be  final  and  conclusive  unless  impeached  for  fraud  in 
appropriate  proceedings,  instituted  in  the  Circuit  Court  for  Bal- 
timore County  in  equity,  to  set  aside  their  findings  on  such 
ground.  Whenever  said  engineers  may  require  and  determine 
that  the  City  of  Baltimore  shall  construct  a  road  to  replace  any 
road  diverted,  altered,  closed  or  destroyed,  or  to  be  diverted, 
altered,  closed  or  destroyed,  in  the  course  of  the  work  contem- 
plated by  this  Act,  said  city  shall  have  power  to  agree  with  the 
o-svners  of  land,  property,  or  things,  to  be  taken  or  injuriously 
affected  in  the  construction  thereof,  and,  in  default  of  agree- 
ment, to  condemn  the  right  of  way  under  the  provisions  of 
sections  1  and  3  of  this  Act,  authorizing  the  condemnation  of 
property,  land  or  things  for  the  purposes  of  this  Act,  or  may,  at 
its  election,  make  application  to  the  Highways  Commission  of 
Baltimore  County,  or  other  proper  authorities  for  the  opening 
or  alteration  of  such  road,  in  which  latter  event  the  proceedings 
upon  application  shall  be  those  prescribed  by  law  for  the  open- 
ing or  alteration  of  roads  in  Baltimore  County,  except  that  no 
land  owner  shall  be  assessed  for  any  part  of  the  cost  thereof, 
the  whole  of  such  cost  to  be  borne  by  the  City  of  Baltimore. 
In  the  event  of  disagreement  between  the  said  engineers,  as  to 
any  matter  devolved  upon  them  by  the  terms  of  this  section, 
they  shall  call  in  as  a  third  arbiter,  a  non-resident  engineer, 
skilled  in  the  construction,  or  maintenance  of  highways,  and 
bridges,  to  be  selected  by  the  Governor  of  Maryland,  on  the 
application  of  either  of  said  engineers,  in  the  event  of  them 
being  unable  to  agree  on  such  third  person,  the  decision  of 
any  two  of  the  board  thus  selected  to  be  binding  on  the  parties, 
and  to  be  final  and  conclusive,  unless  impeached  for  fraud  as 
aforesaid. 

1908,  ch.  214,  sec.  10. 
826ii.  That  so  soon  as  the  Mayor  and  City  Council  of  Balti- 
more shall  be  ready  to  begin  work  under  this  Act,  the  Roads  En- 
gineer of  Baltimore  County,  for  the  time  being,  and  the  City 
Engineer  of  Baltimore  City,  for  the  time  being,  shall,  together, 
make  a  careful  inspection  of  all  public  roads,  and  portions  of 


485 

public  roads,  and  of  all  bridges,  of  Baltimore  County,  certain 
or  likely,  in  the  opinion  of  said  Roads  Engineer,  to  be  used  by 
the  Mayor  and  City  Council  of  Baltimore,  or  its  agents,  or 
contractors,  for  teaming,  or  hauling,  in  connection  with  said 
work,  and  shall  thereupon  draw  up  a  memorandum,  in  writing, 
one  duplicate  whereof  shall  be  filed  and  kept  in  the  office  of 
the  County  Commissioners  of  Baltimore  County,  and  the  other 
duplicate  whereof  shall  be  filed  and  kept  in  the  office  of  the 
Comptroller  of  Baltimore  City,  certifying  to  the  precise  condi- 
tion, at  that  time,  in  point  of  repair  in  their  opinion,  of  all 
such  roads,  and  portions  of  roads,  and  of  all  such  bridges,  and 
thereafter,  at  regular  intervals  of  six  months,  there  shall  be  a 
similar  inspection  by  said  officers  of  all  such  roads,  and  portions 
of  roads,  and  of  all  such  bridges,  and  immediately  after  such  in- 
spection, said  engineers  shall,  in  like  manner,  draw  up  a  similar 
memorandum  in  writing,  duplicates  whereof  shall  be  filed  and 
kept  in  like  manner  as  aforesaid,  certifying  in  precise  terms  to 
the  physical  and  pecuniary  extent,  to  which,  in  their  opinion, 
such  roads  and  portions  of  roads,  and  such  bridges  shall  have 
been  injured  by  reason  of  the  extra  wear  and  tear  imposed  upon 
them  since  the  next  preceding  inspection,  by  such  teaming  or 
hauling,  and,  in  said  memorandum,  the  pecuniary  extent  of  said 
injury  shall  be  computed  and  set  forth  in  dollars  and  cents,  and, 
so  soon  as  said  memorandum  shall  be  signed  by  said  engineers, 
and  filed  in  duplicate  as  aforesaid,  the  amount  of  the  pecuniary 
injury,  co  certified,  shall  at  once  become  due  and  payable  by  the 
Mayor  and  City  Council  of  Baltimore  out  of  the  proceeds  of  the 
loan  hereinafter  mentioned  to  the  treasurer  of  Baltimore  Coimt^v% 
as  a  fund  for  the  repair  of  such  injury.     In  the  event  of  disa- 
greement between   said   engineers  as  to  any  matter  devolved 
upon  them  by  the  terms  of  this  section  of  this  Act,  all  the  pro- 
visions of  the  next  preceding  section  of  this  Act,  relative  to 
disagreement  between  said  officers  as  to  the  diversion,  altera- 
tion,   closure   or   destruction   of   highways   or   bridges   of   said 
county,  shall  likewise  be  applicable  to  said  disagreement  under 
this  section.     Said  engineers  shall  have  plenary  power  to  con- 
sider and  decide  all  questions  arising  in  the  discharge  of  their 
duties  under  this  section,  and  shall  have  the  same  power  to 
summon  and  require  the  attendance  of  the  witnesses,  in  con- 
nection with  their  inquiries  und(u"  this  section,  and  to  have  them 
sworn,  as  is  provided  for  in  the  next  preceding  section  of  this 
Act,  and  they  shall  be  allowed  the  same  per  diem,  and  other 
reasonable  expenses,  including  the  same  compensation  to  wit- 
nesses; all  to  be  paid  by  the  City  of  Baltimore.     The  powers 


48U 

and  duties  of  the  City  Engineer  under  this  section  may,  at 
any  time,  with  the  consent  of  the  Mayor  of  Baltimore  City,  be 
delegated  by  him  to  one  of  his  assistant  engineers,  or  to  some 
engineer,  named  by  the  persons  hereinafter  charged  with  the 
duty  of  carrying  the  work  under  this  Act  into  execution. 

1908,  ch.  214,  sec.  11. 
826jj.  That  all  powers  of  acquiring  land,  property  or  things, 
for  the  purposes  of  this  Act,  with  or  without  the  consent  of 
the  owner,  or  owners,  hereinbefore  conferred  upon  the  Mayor 
and  City  Council  of  Baltimore,  shall  include  the  power  to 
acquire  land,  property,  or  things,  including  corporate  fran- 
chises of  every  sort,  rights,  privileges,  or  easements,  of  any 
turnpike  company,  or  companies,  proprietor  or  proprietors,  but 
whenever  any  turnpike,  or  toll  road  or  bridge,  the  use  of  which 
is  now  enjoyed  by  the  people  of  Baltimore  County,  shall  be 
destroyed,  or  rendered  impassable  in  whole  or  in  part,  by  the 
City  of  Baltimore,  in  connection  with  the  work  herein  contem- 
plated, it  shall  be  the  duty  of  said  city  to  replace  the  same,  at 
its  own  expense,  as  nearly  as  possible  with  a  suitable  and  con- 
venient public  road  or  bridge,  in  lieu  thereof,  and,  if  any  such 
existing  road,  or  part  thereof,  or  bridge  or  any  road,  or  part 
thereof,  or  bridge,  so  built  in  lieu  of  one  so  destroyed,  be  on, 
or  through,  property  acquired  by  said  city  for  purposes  con- 
templated by  this  Act,  it  shall  be  the  duty  of  said  city  there- 
after, at  all  times,  to  maintain  the  same  in  good  order  and 
repair  for  the  free  use  of  the  public,  so  far  as  the  same  may  be 
on,  or  through,  said  property,  subject  to  such  provisions  and 
conditions  looking  to  maintaining  the  purity  of  said  city's  water 
supply  as  the  said  Mayor  and  City  Council  of  Baltimore  may 
by  ordinance  impose.  Such  replacement  shall  be  effected  for 
the  convenience  of  the  public  upon  such  terms  as  may  be  agreed 
upon  between  the  Highways  Commission  of  Baltimore  County 
or  other  proper  authorities  and  the  Mayor  and  City  Council  of 
Baltimore.  In  tlie  event  of  a  disagreement  between  them  as  to 
the  location  or  character  of  the  substituted  road  or  bridge,  or 
as  to  any  other  terms  of  the  replacement,  the  matter  shall  be 
referred  to  the  Roads  Engineer  of  Baltimore  County,  for  the 
time  being,  and  the  City  Engineer  of  Baltimore  City,  for  the 
time  being,  who  shall  have  plenary  power  to  consider  and  de- 
cide all  questions  in  connection  with  such  replacement  and  to 
determine  where,  how,  and  in  what  manner  and  within  what 
time,  said  replacement  shall  be  effected  by  said  city.  No  such 
road,  or  part  thereof,  or  bridge  of  any  such  turnpike  company 
or   companies,    proprietor    or    proprietors,    shall    be    closed    or 


487 

altered,  in  whole  or  in  part,  nnder  the  provisions  of  this  Act, 
until  another  shall  have  been  consti-ucted  and  opened  to  the 
public  in  lieu  thereof  as  herein  provided.  Said  engineers  shall 
have  full  power  and  authority  to  summon,  and  require  the  at- 
tendance of  all  witnesses  in  connection  with  their  inquiries  . 
under  this  section,  and  to  require  that  their  testimony  shall  be 
taken  under  the  oath  required  by  law,  the  same  to  be  admin- 
istered by  the  Clerk  of  the  Circuit  Court  for  Baltimore  County, 
or  by  some  Justice  of  the  Peace  in  and  for  Baltimore  County. 
The  said  engineers  and  the  third  person  hereinafter  mentioned 
if  there  be  such,  shall  each  receive  a  per  diem  of  $10  while 
actually  engaged  in  work  imposed  or  authorized  by  this  section, 
the  same  and  all  the  other  reasonable  expenses  of  said  engi- 
neers, including  compensation  to  witnesses  at  the  regular  rates, 
and  the  employment  of  a  secretary,  if  such  employment  be 
deemed  necessary  by  said  engineers,  to  be  paid  by  the  City  of 
Baltimore.  The  decision  of  said  engineers  in  all  matters  be- 
tween the  city  and  Baltimore  County,  that  may  devolve  vipon 
them  under  this  section,  shall  be  final  and  conclusive  unless 
impeached  for  fraud  in  appropriate  proceedings  instituted  in 
the  Circuit  Court  for  Baltimore  County,  in  equity,  to  set  aside 
their  findings  on  such  gi'ound.  Whenever  said  engineers  may 
require  and  determine  that  the  City  of  Baltimore  shall  con- 
struct a  road  by  way  of  replacement  as  aforesaid  said  city  shall 
have  power  to  agree  with  the  owners  of  land,  property  or  things 
to  be  taken  or  injuriously  affected  in  the  construction  thereof, 
and  in  default  of  agreement,  to  condemn  the  right  of  way  under 
the  provisions  of  sections  1  and  3  of  this  Act  authorizing  the 
condemnation  of  property,  land  or  things  for  the  purposes  of 
this  Act,  or  may  at  its  election,  make  application  to  the  High- 
ways Commission  of  Baltimore  County  or  other  proper  auth- 
orities for  the  opening  or  alteration  of  such  road ;  in  which  latter 
event  the  proceedings  under  such  application  shall  be  those  pre- 
scribed by  law  for  the  opening  or  alteration  of  roads  in  Balti- 
more County,  except  that  no  land  owner  shall  be  assessed  for 
any  part  of  the  cost  thereof,  the  whole  of  such  cost  to  be  borne 
by  the  City  of  Baltimore.  In  the  event  of  disagreement  between 
the  said  engineers  as  to  any  matter  devolved  upon  them  by  the 
terms  of  this  section,  they  shall  call  in  as  a  third  arbiter  a  ikui- 
resident  engineer  skilled  in  the  construction  or  maintenance  of 
highways  and  })ridges,  to  be  selected  l)y  the  Governor  of  ^fary- 
land,  on  the  application  of  either  of  said  engineers,  in  the  event 
of  their  being  nnable  to  agree  on  such  third  person,  the  decision 
of  any  two  of  the  board  thus  selected  to  be  binding  on  the 


488 

parties,  and  to  bo  tiiial  and  couclusive,  unless  impeached  for 
fraud  as  aforesaid.  But  nothing  in  this  Act  shall  be  taken  as 
obliging  said  city  to  replace  any  road  or  part  of  a  road,  or 
any  bridge,  or  a  turnpike  company  or  turnpike  companies,  pro- 
prietor or  proprietors,  if  in  the  opinion  of  said  engineers,  the 
'purpose  thereof  will  be  reasonably  answered,  so  far  as  the 
public  convenience  is  concerned,  by  a  road  or  bridge  constructed, 
or  required  to  be  constructed  by  way  of  replacement  by  said 
city  under  the  provisions  of  section  9  of  this  Act,  relating  to  the 
diversion,  alteration,  closure  or  destruction  of  public  roads  or 
bridges  of  Baltimore  County,  nor  as  obliging  said  city  to  replace 
any  public  road,  or  part  of  a  road,  or  bridge  of  Baltimore 
County,  under  section  9  of  this  Act,  if  in  the  opinion  of  said 
engineers,  the  purpose  thereof  will  be  reasonably  answered,  so 
far  as  the  public  convenience  is  concerned  by  a  road  or  bridge 
constructed,  or  required  to  be  constructed  by  way  of  replace- 
ment by  said  city,  under  the  provisions  of  this  section  of  this 
Act. 

1908,  cli.  214,  sec.  12. 
826kk.  That  upon  the  completion  of  the  storage  lake  herein 
contemplated,  and  forever  thereafter  until  such  time  as  Balti- 
more City's  population  and  needs  require  the  entire  water  sup- 
ply, which  said  city  is  entitled  to  draw  from  the  Gunpowder 
River,  the  inhabitants  of  Baltimore  County  shall  be  entitled  to 
the  use  of  not  more  than  ten  millions  of  gallons  of  water  per 
day  from  such  lake,  this  allotment  to  include  all  water  supplied 
directly  by  said  city  to  consumers  or  users  in  Baltimore  County, 
now  or  hereafter,  through  the  water  mains  of  said  city  or 
through  any  mains  or  conduits  which  may  be  or  become  a  part 
of,  or  be  or  become  connected  with,  the  reservoirs,  pumping  sta- 
tions, or  water  distribution  system  of  said  city.  In  case  it  shall 
be  at  any  time  conclusively  demonstrated  to  the  County  Com- 
missioners of  Baltimore  County  that  there  is  no  other  adequate 
and  proper  water  supply  for  the  residents  of  any  portion  of  the 
county  making  application  therefor,  said  commissioners  shall 
have  the  right  to  adopt  such  measures  as  they  may  deem  expe- 
dient to  draw  from  said  lake,  and  distribute  any  part  or  all,  the 
remainder  of  said  allotment  of  ten  millions  of  gallons  of  water 
per  day,  the  said  County  Commissioners  to  pay  or  cause  to  be 
paid  to  said  Mayor  and  City  Council  of  Baltimore  such  sum  as 
may  be  agreed  upon  between  them ;  the  same  not  to  exceed  the 
rate  of  one-half  cent  per  one  thousand  gallons  actually  with- 
drawn. Said  County  Commissioners  shall  further  have  the 
right  and  power  to  use  in  perpetuity  sufficient  land  near  such 


489 

lake  or  reservoir  upon  which  to  locate  a  pumping  station  or 
stations,  together  with  conduit  connections  from  said  lake  or 
reservoir  to  a  well  or  wells,  or  suction  w^ell  or  wells,  or  reservoir, 
on  said  property  and  other  facilities,  including  rights  of  way 
for  all  necessary  purposes  to  the  nearest  public  highway  or  high- 
ways, upon  paying  or  causing  to  he  paid,  therefor  to  Baltimore 
City  a  clear  annual  rental  of  five  per  centum  of  the  gross  cost 
to  the  city  of  the  land  so  utilized,  said  connections  and  pumping 
stations  shall  be  located  at  the  most  convenient  and  feasible 
point  or  points  for  the  withdrawal  of  such  w\ater  at  the  mini- 
mum cost  to  the  authorities  withdrawing  the  same,  all  water  so 
withdrawn  is  to  be  taken  from  said  lake  or  reservoir  and  trans- 
ported therefrom  wathout  cost  or  expense  to  the  Mayor  and 
City  Council  of  Baltimore,  the  w^hole  of  such  cost  and  expense 
to  be  borne  by  the  authorities  withdrawing  the  same.  The 
work  of  making  such  connections  with  such  lake  or  reservoir, 
and  laying  the  pipes  through  said  city's  property,  contiguous 
thereto,  including  the  location  of  said  pumping  station  and 
other  matters  in  connection  therewith  shall  be  done  under  the 
joint  supervision  and  control  of  an  official  of  such  county  auth- 
orities, and  the  Water  Engineer  of  the  City  of  Baltimore, 
and  in  the  event  of  a  disagreement  between  them,  they  shall 
call  in,  as  a  third  arbiter,  a  non-resident  engineer,  skilled  in 
the  construction  or  maintenance  of  water  works,  to  be  selected 
by  the  Governor  of  Maryland,  on  the  application  of  eitlier 
party;  in  the  event  of  their  being  unable  to  agree  on  such  third 
person,  the  decision  of  any  two  of  the  board  then  selected  to 
be  binding  on  the  parties.  The  cost  of  calling  in  such  third 
party  shall  be  borne  equally  by  the  parties,  unless  for  special 
reasons  said  board  shall  otherwise  apportion  the  same ;  pro- 
vided, however,  that  in  no  event  shall  said  County  Commis- 
sioners of  Baltimore  County,  or  Baltimore  County,  acting 
through  any  agency  whatever,  farm  out,  assign,  sub-lot  or  grant, 
in  whole  or  in  j)art,  to  any  person,  firm,  joint  stock  company,  cor- 
poration or  association,  except  with  the  consent  in  writing  of  the 
Board  of  Estimates  of  Baltimore  City,  or  its  successors  in 
fimction,  the  right  to  withdraw  from  said  lake,  use,  sell,  or  in 
any  way  distribute  or  dispose  of  any  of  the  water  so  allotted  to 
the  inhal)itants  of  T>altimore  County,  it  l)eing  the  intent  of  this 
Act  that  this  right  shall  in  the  absence  of  said  consent  in 
writing,  be  (exercisable  solely  and  cxclnsivcly  by  Baltimore 
County  and  llnltimore  City  in  the  dii-cct  and  immediate  exer- 
cise of  thcii-  respective  iiinnicl|);il  functions  in  tlic  manner  here- 
inbefore mentioned. 


4U0 

1908,  ch.  214,  sec.  13. 

82611.  That  at  least  thirty  days  before  proceeding  under  any 
other  of  the  provisions  of  this  Act,  after  the  popular  approval 
of  the  loan  hereinbefore  mentioned,  if  so  approved,  said  Mayor 
and  City  Council  of  Baltimore  shall  file  in  the  office  of  the 
County  Commissioners  of  Baltimore  County,  one  or  more  maps 
showing  the  existing  roads  and  highways,  traversing  the  prop- 
erty to  be  acquired  under  this  Act,  both  public  and  private, 
which  are  to  be  closed,  altered,  diverted  or  relocated,  in  whole 
or  in  part,  or  the  grades  thereof  changed;  and  also  to  show 
all  roads  or  parts  of  roads  which  the  Mayor  and  City  Council 
of  Baltimore  propose  to  construct  in  substitution  for,  or  to 
take  the  place  of  any  such  roads  so  closed,  obstructed,  altered 
or  changed. 

1908,  ch.  214,  sec.  14. 

826mm.  That  the  Mayor  and  City  Council  of  Baltimore  be 
and  it  is  hereby  authorized  and  empowered  to  pass  any  and  all 
ordinances  not  inconsistent  with  the  terms  of  this  Act,  that  it 
may  deem  advisable  for  the  purpose  of  fully  effectuating  the 
objects  of  this  Act. 

1908,  ch.  214,  sec.  15. 

826nn.  That  all  the  powers,  including  powers  of  condemna- 
tion, and  duties  hereinbefore  conferred  and  imposed,  and  all 
the  discretion  hereinbefore  lodged  by  this  Act  upon  and  in  the 
Mayor  and  City  Council  of  Baltimore,  other  than  the  powers 
of  passing  ordinances  hereinbefore  expressly  conferred  upon  it, 
shall  in  the  name  and  on  behalf  of  the  Mayor  and  City  Council 
of  Baltimore  without  the  necessity  for  any  further  legislative 
action  by  the  Mayor  and  City  Council  of  Baltimore  be  exercisa- 
ble and  exercised  as  one  continuous,  unbroken  delegation  of 
authority  by  the  municipal  officials  or  official  who  may  for  the 
time  being  have  charge  of  the  general  municipal  water  supply 
of  Baltimore  city,  except  that  in  the  event  that  the  charge  of 
said  water  supply  shall  at  any  time  or  times  be  confided  by  law 
to  one  municipal  official,  there  shall  be  associated  with  him, 
until  said  main  reservoir  or  lake  and  all  its  working  appur- 
tenances and  connections  of  every  sort  have  been  completed,  in 
the  exercise  of  all  his  powers  and  discretion,  and  in  the  dis- 
charge of  all  of  his  duties  under  this  Act  by  the  appointment 
of  the  Mayor,  subject  to  the  provisions  of  section  25  and  other 
related  sections  of  Article  4,  entitled  "City  of  Baltimore," 
of  the  Code  of  Public  Local  Laws  of  Maryland,  and  any  amend- 


491 

meiit  or  amendments  thereof,  two  capable  and  upright  citizens 
of  the  City  of  Baltimore,  who  shall  serve  without  pay  in  the 
award  of  contracts  for  work  under  this  Act,  the  persons  clothed 
with  the  power  of  doing-  the  work  contemplated  by  this  Act 
shall  be  authorized,  if  they  see  fit,  to  insert  in  the  specifications 
for  any  such  contract  work  reasonable  and  lawful  conditions  as 
to  hours  of  labor,  wages  and  the  residence  or  character  of  work- 
men to  be  employed  by  the  contractor,  and  especially  so  far  as 
may  be  practicable  in  their  judgment,  such  reasonable  and 
lawful  conditions  as  will  tend  to  confine  employment  on  such 
work,  in  whole  or  in  part,  to  permanent  and  bona  fide  residents 
of  the  State  of  Maryland  only,  and  said  persons,  clothed  with 
the  power  of  doing  the  work  contemplated  by  this  Act  may, 
with  the  consent  of  all  of  their  number,  themselves  do  any  part 
or  parts  of  any  such  work  under  such  conditions,  in  every  re- 
spect, as  they  may  prescribe,  by  day  labor,  in  which  event, 
said  persons,  in  addition  to  their  other  powers  in  the  premises 
shall  likewise  be  authorized  to  devise,  promulgate  and  enforce 
such  rules  and  regulations  as  will  make  merit  and  personal  fit- 
ness, ascertained  by  some  system  of  open  competition  or  regis- 
tration, or  both,  the  sole  test  of  eligibility  for  all  positions  or 
employments  under  their  control  that  they  may  see  fit  to  em- 
brace within  the  scope  of  said  rules  and  regulations,  which, 
however,  may  be  limited  to  permanent  and  bona  fide  residents 
of  this  State  in  any  particular ;  provided,  however,  that  neither 
any  contractor  or  contractors,  nor  the  persons  clothed  with  the 
power  of  doing  the  work  contemplated  by  this  Act  as  afore- 
said, shall  at  any  time  during  the  progress  of  said  work  employ 
thereon,  or  permit  or  allow  to  be  employed  thereon,  any  person 
who  is  at  the  time  of  such  employment,  or  who  shall  at  any 
time  thereafter  and  during  the  progress  of  such  work,  be  or 
become  a  registered  voter  of  Baltimore  County,  unless  such 
person  shall  have  been  a  registered  voter  of  said  county  at 
the  time  of  the  passage  of  this  Act,  or  shall  be  a  lineal  descen- 
dant of  some  person  who  was  at  any  time  theretofore  a  regis- 
tered voter  of  the  State  of  Maryland ;  any  such  contractor,  sub- 
coiitra<^'tor,  superintendent,  foreman  or  the  person  or  persons 
clothed  with  the  power  of  doing  the  work  contemplated  by  this 
Act  or  any  part  ther'cof,  who  shall  employ  any  person  m  viola- 
tion of  the  provisions  of  this  section  shall  be  deemed  guilty  of 
a  misdemeanor,  and  upon  conviction  shall  be  fined  in  a  sum  not 
less  than  fifty  dollars,  nor  more  than  one  hundred  dollars,  or 
by   irnj)risoiini('nt   in   jiiil    for  ;i    tci'iii   not   (•.\<'('('(liiig  sixt\-  days 


492 

for  each  day  that  such  person  shall  have  been  so  employed  in 
contravention  of  the  provision  of  this  section. 

1908,  ch.  214,  sec.  16. 

826oo.  That  in  order  to  provide  money  to  defray  the  cost 
of  carrying-  all  ot  any  of  the  purposes  of  the  provisions  of  this 
Act  into  execution,  the  Mayor  and  City  Council  of  Baltimore 
is  hereby  authorized  to  issue  the  stock  of  said  corporation  for 
a  sum  not  exceeding  five  millions  of  dollars;  said  stock  to  be 
issued  from  time  to  time  as  the  Mayor  and  City  Council  of 
Baltimore  shall  by  ordinance  prescribe,  and  to  be  issued  for 
such  amounts,  and  to  be  payable  at  such  time  and  to  bear  such 
rate  of  interest  as  the  Mayor  and  City  Council  of  Baltimore 
shall  by  ordinance  provide ;  said  stock  shall  be  sold  and  issued 
by  the  Commissioners  of  Finance  of  the  City  of  Baltimore  at 
the  best  prices  obtainable  in  their  judgment  therefor,  and  any 
premiums  derived  from  the  sale  thereof  shall  remain  in  their 
hands  as  part  of  the  sinking  fund  hereinafter  mentioned  for 
the  redemption  of  said  stock  at  maturity.  The  residue  of  the 
money  received  from  the  sale  of  said  stock  shall  be  turned  over 
by  them  to  the  Comptroller  to  be  by  him  deposited  with  the 
City  Register,  and  to  be  placed  to  the  credit  of  a  fund  to  be 
known  as  the  "Gunpowder  Reservoir  Fund,"  which  shall  be 
exclusively  applicable  to  the  cost  of  carrying  the  purposes 
and  provisions  of  this  Act  into  execution,  and  shall  be  chargea- 
ble with  no  other  items  of  cost  or  expense  wliatsoever,  and  ap- 
propriation to  defray  said  cost,  based  upon  the  estimate  of  the 
person  charged  with  the  duty  of  doing  the  work  contemplated 
by  this  Act  shall  be  annually  included  by  the  Board  of  Esti- 
mates in  the  usual  way  in  the  ordinance  of  estimates^  but  said 
stock  shall  not  be  issued  in  whole  or  in  part  unless  the  ordinance 
of  the  Mayor  and  City  Council  of  Baltimore  providing  tor  the 
issuance  thereof,  shall  be  submitted  to  the  legal  voters  of  the 
City  of  Baltimore  at  such  time  and  place  as  may  be  fixed  by 
said  ordinance  and  approved  by  a  majority  of  votes  cast  at  such 
time  and  place  as  required  by  section  7  of  Article  11  of  the 
Constitution  of  ]\raryland ;  if  issued  pursuant  to  such  approval, 
the  Mavor  and  Citv  Council  of  Baltimore  shall  lew  in  each 
and  every  year  upon  all  property  liable  to  taxation  in  the  City 
of  Baltimore,  a  sum  sufficient  to  pay  the  interest  accruing  on 
said  stock,  and  to  create  a  sinking  fund  sufficient,  with  the  aid 
of  any  premiums  on  the  sale  thereof,  to  redeem  said  stock  at  its 
inaturitv. 


4o;5 

826pp.     Repealed  by  Act  of  1910,  Cliapter  304. 
City  must  pay  for  machiuery  iu  a  cottou  mill,  if  taken  uuder  this  Act. 
City  not  bound  where  contract  obtained  by  material  misrepresentation. 
Warren  Manufacturing  Company  v.  Baltimore,  119  Md.  189. 

STREETS,  BRIDGES  AND  HIGHWAYS. 
OPENING  STREETS. 

1'.  L.  L.,   (ISSS)   Art.  4,  sec.  SOGA.     Act  1892,  ch.  165.     1906,  ch.  25. 

827.  Whenever  any  property  shall  have  been  condemned 
in  any  form  of  proceeding  for  the  use  of  the  Mayor  and  City 
Council  of  Baltimore,  and  in  consequence  of  infancy,  insanity 
or  absence  from  the  city  of  any  person  or  persons  entitled  to 
receive  any  money  awarded  in  any  such  proceedings,  conflicting 
claims,  refusal  to  accept,  or  any  other  cause,  such  money  cannot 
be  safely  and  reasonably  paid  to  any  person  or  persons,  it  shall 
be  lawful  for  the  Mayor  and  City  Council  of  Baltimore  to  file 
a  bill  or  petition  in  any  Court  of  Equity  in  the  city  or  county 
where  the  property  is  condemned,  or  any  portion  thereof,  lies, 
and  whenever  such  Court  shall  be  satisfied  that,  for  any  of  the 
reasons  aforesaid,  that  said  Mayor  and  City  Council  of  Balti- 
more should  be  permitted  to  pav  the  said  money  into  such  Court, 
it  shall  pass  such  decree  as  it  shall  deem  proper,  and  the  payment 
of  any  money  into  Court  under  any  such  decree  or  order  shall  be 
considered  in  all  respects  equivalent  to  a  tender  thereof  to  any 
person  or  persons  entitled  to  such  money,  and  who  may  be  made 
a  party  or  parties  to  such  proceeding,  and  upon  making  such 
payment,  the  said  Mayor  and  City  Council  of  Baltimore  shall  be 
thereby  released  from  all  further  liability  for  the  money  awarded 
as  aforesaid  to  any  person  or  persons  who  may  be  made  a  party 
or  parties  to  such  proceeding  as  aforesaid,  and  in  all  cases  when 
one  or  more  persons  is  or  are  entitled  to  an  estate  for  life  or 
years,  or  an  estate  tail  fee  simple,  conditional,  base  or  qualified 
fee,  or  any  other  particular,  limited  or  conditional  estate  in 
property  condemned  as  aforesaid,  and  any  person  or  persons 
is  or  are  entitled  to  a  remainder  or  remainders,  vested  or  con- 
tingent, or  an  executory  devise  or  devises,  or  any  other  interest, 
vested  or  contingent,  in  tlie  same  property,  if  all  persons  in  being 
wild  wdiiM  he  entitled  to  the  said  property  if  the  contingency 
had  liappcned  at  the  date  of  the  filling  of  the  aforesaid  bill  or 
petition,  shall  be  made  parties  to  such  proceeding,  the  pay- 
nif-nt  into  CVjurt  of  the  money  awarded  for  such  proptn'ty  shall 
hind  all  persons,  whether  in  being  or  not,  who  claim  or  may 
elaiiii  any  interest  in  the  .said  property  under  any  (d'  tlie  ])ai'ties 


494 

to  the  said  cause,  or  under  any  person  from  whom  any  of  the 
parties  thereto  claim  or  from  or  under  or  by  the  original  deed 
or  will  by  which  such  particular,  limited  or  conditional  estates 
with  remainders  or  executory  devises  were  created,  and  the  said 
Mayor  and  City  Council  of  Baltimore  shall,  upon  making  such 
payment,  be  therebv  released  from  all  further  liability  for  the 
money  awarded  as  aforesaid. 

Gardiner  v.  Baltimore  City,  96  Md.  375. 

1838,  ch,  226.     P.  L.  L.,  (1860)  Art.  4,  sec.  838.     P.  L.  L.,  (1888)  Art.  4. 
sec.  807.     1906,  cli.  328.     1912,  ch.  32. 

828.  Before  they  shall  pass  any  ordinance  under  section  0 
of  this  Article,  paragraph  ^'Streets,  Bridges  and  Highways," 
relating  to  the  laying  out,  opening,  extending,  widening, 
straightening,  or  closing  up,  in  whole  or  in  part,  of  any  street, 
square,  lane  or  alley  within  Baltimore  City,  notice  shall  be 
given  by  advertisement  published  twice  a  week  for  two  con- 
secutive weeks,  in  two  of  the  daily  newspapers  in  the  said  city, 
that  application  shall  be  made  for  the  passage  of  such  ordinance, 
which  notice  shall  set  forth  clearly,  in  the  case  of  laying  out, 
opening  or  extending  any  street,  square,  lane  or  alley,  the 
length  or  width  of  such  street,  square,  lane  or  alley,  or  part 
thereof  to  be  laid  out,  opened  or  extended,  and,  in  the  case  of 
widening  or  straightening  shall  set  forth  clearly  both  the  pres- 
ent and  the  intended  width,  and  also  the  length  of  any  street, 
lane  or  alley  or  part  thereof  intended  to  be  widened  or  straight- 
ened, and  in  case  of  closing  shall  set  forth  clearly  the  length 
and  width  of  the  street,  lane  or  alley,  or  any  part  thereof,  in- 
tended to  be  closed ;  and  notice  shall  also  be  given  by  filing,  in 
the  office  of  the  Commissioners  for  Opening  Streets,  on  or  be- 
fore the  first  day  of  such  publication,  a  map  on  the  scale,  not 
smaller  than  fifty  feet  to  the  inch,  prepared  by  some  competent 
surveyor,  whose  name  shall  be  signed  to  the  same,  which,  in 
case  of  laying  out,  opening,  extending,  widening  or  straighten- 
ing, shall  show  the  course  and  the  lines  of  the  projected  im- 
provement, and  also  the  lots  and  buildings  thereon  which  shall 
be  taken  or  destroyed,  in  whole  or  in  part,  and  which,  in  the 
case  of  closing  shall  show  the  street,  lane  or  alley,  or  part  there- 
of, intended  to  be  closed,  and  also  the  abutting  lots  and  im- 
provements thereon.  It  shall  be  the  duty  of  the  Commissioners 
to  endorse  on  said  map  their  names,  with  the  date  of  it  being 
filed  in  their  office,  and  to  keep  the  said  map  where  the  public 
may  have  access  to  it,  whenever  said  map  may  be  needed  for  the 
purpose  of  being  shown  at  any  meeting  of  the  City  Council,  or 


495 

of  aiw  committee  thereof,  they  may,  on  the  written  order  or 
request  of  the  president  of  either  branch  of  the  City  Council, 
or  of  the  chairman  of  such  committee,  and,  on  obtaining  liis 
receipt  therefor,  allow  the  said  map  to  be  taken  from  their 
office  for  that  purpose,  to  be  returned  on  the  following  day. 
At  any  time  before  the  final  passage  of  said  ordinance,  said 
map  and  said  ordinance  may  be  amended,  provided  such  amend- 
ment shall  not  substantially  depart  from  the  published  notice, 
so  as  to  substantially  affect  parties  who  would  not  be  warned 
by  such  notice. 

Methodist  I'rotestant  Ch.  v.  Gill,  6  Gill,  391.  Stewart  v.  Mayor,  etc., 
7  Md.  500.  Baltimore  v.  Bouldiu,  23  Md,  370.  Page  v.  Mayor,  34  Md. 
558.  Mayor,  etc.  v.  Grand  Lodge,  44  Md.  436.  Dashiell  v.  Mayor,  etc., 
45  Md.  616.  Mayor  v.  Little  Sisters,  etc.,  56  Md.  400.  Central  Savings 
Bank  v.  Baltimore,  71  Md.  515.  Burk  v.  Baltimore,  77  Md.  469.  Riggs 
V.  Winterode.  100  Md.  447. 

/S'ee,  cases  under  sec.  6,  26a,  "Opening,  etc.  Streets,"'  ante. 

Notice  required.     What  the  map  should  show. 

J.  Holmes  Whiteley  v.  M.  &  C.  C,  et  al.,  113  Md.  541. 

P.  L.  L.,   (1860)  Art.  4,  sec.  839.     P.  L.  L.,   (1888)   Art.  4,  sec.  808. 

1912,  ch.  32. 

829.  Before  any  commissioners  appointed  by  any  ordinance 
of  said  corporation,  under  the  two  preceding  sections,  shall  pro- 
ceed to  the  performance  of  their  duty,  they  shall  give  notice  in 
at  least  two  of  the  daily  newspapers  in  the  City  of  Baltimore 
of  the  object  of  the  ordinance  under  which  they  propose  to 
act,  at  least  ten  days  before  the  time  of  their  first  meeting  to 
execute  the  same. 

Baltimore  v.  Bouldin.  23  Md.  370.  Central  Savings  Bank  v.  Balti- 
more, 71  Md.  520.     Riggs  v.  Winterode,  100  Md.  447. 

How  notice  shall  be  published. 

J.  Holmes  Whiteley  v.  M.  &  C.  C,  et  al,  113  Md.  541. 

1914.  ch.  150,  sec.  1. 
829a.  That  whenever  the  Mayor  and  City  Council  of  Balti- 
more shall  hereafter  provide  by  ordinance  for  the  laying  out, 
opening,  extending,  widening  or  straightening  of  any  street, 
square,  lane  or  alley,  such  ordinance  may  provide  that  the 
(yommissioners  for  Opening  Streets  shall  proceed  to  acquire  the 
property  necessary,  in  accordance  with  section  172,  and  fol- 
lowing, of  the  City  Charter,  or  said  ordinance  may  {)r()vide 
that  the  property  necessary  to  be  acquired  for  sndi  laying  out, 
opening,  extending,  widening  or  straiglitening,  may  be  ac- 
qnii'(;d  by  proceedings  in  the  Haltimorc  City  Court  undci-  ,\rti- 
clc  .'>'>-A  oi  the  C(jde  of  l*iil)li('  (icnci-al   T>aws  and  that,  aftfr 


496 

the  damages  to  be  awarded  shall  have  been  ascertained  bj  such 
proceedings,  then  the  Commissioners  for  Opening  Streets  shall 
proceed  to  assess  the  benefits  for  said  laying  out,  opening,  ex- 
tending, widening  or  straightening,  in  the  same  manner  as  if 
the  damages  had  been  assessed  by  them  under  section  175  of 
the  City  Charter,  and  they  shall  state  in  the  report  the  amount 
of  damages  assessed  by  the  proceedings  in  Court  to  the  various 
owners  and  the  expenses  of  said  Court  proceedings  and  their 
own  proceedings.  Before  any  such  benefits  and  damages  are 
assessed  there  shall  be  tiled  with  the  Commissioners  for  Open- 
ing Streets  a  profile  map  or  plat  showing  the  grade  of  the  pro- 
posed highway,  with  respect  to  the  abutting  property,  which 
map  or  plat  shall  be  included  by  the  Commissioners  in  the 
return  to  their  proceedings. 

1914,  ch.  150,  sec.  2. 
829b.  That,  whenever  proceedings  are  instituted  under  Arti- 
cle 33-A  of  the  Code  of  Public  General  Laws  by  the  State  of 
Maryland  or  the  Mayor  and  City  Council  of  Baltimore,  or  any 
department,  commission,  or  board  of  said  city  or  State,  for  the 
acquisition  of  any  property  for  said  State  or  city  situate  in 
Baltimore  City,  the  appraisers  aj)pointed  by  said  Court  shall 
make  their  return  within  ten  days,  and,  immediately  upon  the 
return  of  the  appraisers,  the  petitioner  may  pay  to  the  owner 
of  such  property  the  amount  of  such  appraisement  and  give 
bond,  with  penalty  to  be  fixed  by  the  Court  and  security  to 
be  approved  by  the  Court,  to  pay  any  additional  amount  which 
may  be  awarded  by  a  jury  in  said  case,  and,  thereupon,  at  any 
time  after  thirty  days  thereafter,  the  petitioner  may  take  pos- 
session of  the  property  and  proceed  with  the  improvement  for 
which  the  same  is  sought  to  be  condemned ;  and  the  acceptance 
of  said  sum  by  the  property  owner  shall  not  prejudice  his  con- 
tention, if  he  makes  such  contention,  that  he  should  be  allowed 
a  larger  sum,  but  the  case  shall  proceed  and  the  jury  shall  fix 
the  damages  to  be  awarded  for  said  property,  as  if  said  payment 
had  not  been  made,  and,  in  the  event  that  a  larger  sum  is  fixed 
than  said  payment,  the  ditterence  shall  thereupon  be  paid  to 
the  property  owner  and  the  petitioners  shall  pay  the  costs,  but, 
if  the  jury  fix  a  less  amount  than  the  appraisement,  the  prop- 
erty owner  shall  not  be  obliged  to  return  any  of  the  amount 
of  appraisement  so  received,  but  shall  pay  all  costs  of  said  pro- 
ceedings, except  the  compensation  to  the  appraisers.  In  the 
event  that  the  owner,  or  one  of  the  owners,  of  such  property  is 
a  minor,  insane,  unknown,  or  otherwise  incapable  of  receiving 


497 

said  pavment.  or  in  case  the  owner  or  owners  of  such  property 
refuse  to  accept  said  payment,  the  same  may  be  paid  into  Court 
and,  upon  such  payment  being  made  and  security  given  as 
aforesaid,  the  petitioners  may  take  possession  forthwith  of  the 
property  so  sought  to  be  condemned  and  the  same  proceedings 
shall  be  had  as  if  the  pa_\anent  were  made  to  the  property  owner. 
The  property  owner  may  file  exceptions  to  the  amount  awarded 
by  the  appraisers  and  demand  a  jury  trial  thereon  at  any  time 
before  the  expiration  of  the  time  for  taking  an  appeal  from 
the  assessment  of  benefits  by  the  Commissioners  for  Opening 
Streets  in  the  matter  of  opening,  extending,  widening,  straight- 
ening or  closing  said  street.  And,  in  the  event  that  a  part  only 
of  a  lot  or  of  a  lot  and  improvements  is  taken  under  sections  1 
and  2  hereof,  and  benefits  are  assessed  by  the  Commissioners 
for  Opening  Streets  against  the  owner  of  the  remainder  of  said 
lot  or  of  said  lot  and  improvements,  and  an  appeal  is  taken  from 
said  assessment  of  benefits,  the  said  appeal  shall  be  filed  in  the 
case  in  which  the  said  part  of  said  lot  or  of  said  lot  and  improve- 
ments has  been  taken,  and  the  exceptions  from  the  award  of 
damages  by  the  appraisers,  if  such  exceptions  are  filed,  and 
the  appeal  from  the  assessment  of  benefits  shall  be  tried  together. 

1914,  ch.  150,  sec.  3. 
829c.  That,  upon  any  appeal  being  taken  to  the  Baltimore 
City  Court  from  any  action  of  the  Commissioners  for  Opening 
Streets,  in  fixing  the  damages  to  be  awarded  for  any  property 
proposed  to  be  taken  for  a  public  highway,  or  part  thereof,  the 
said  Court,  upon  application  of  the  Mayor  and  City  Council 
of  Baltimore,  may  appoint  three  disinterested  appraisers  to 
appraise  the  damages  to  be  awarded  to  the  owner  of  said  prop- 
erty ;  said  appraisers  shall  return  their  appraisement  within 
ten  days,  and,  upon  payment  of  the  amount  of  such  appraise- 
ment and  giving  security  as  hereinabove  provided  in  section  2, 
the  Mayor  and  City  Council  of  Baltimore  may,  at  any  time 
after  thirty  days  thereafter,  take  possession  of  said  property 
and  proceed  with  the  im])rovement.  And,  thereupon,  the  said 
appeal  shall  be  proceeded  with  in  accordance  with  the  provi- 
sions of  section  2  hereof  and  the  provisions  of  the  City  Charter 
applicable  thereto. 

1914,  ch.  150,  sec.  4. 
829(1.      That  none  of  the  provisions  of  this  Act  shall  apply 
to  or  ill  any  manner  ailect  any  case  or  cases  now  pending  in 
any  of  the  Courts  of  the  State  of  Maryland.     All  such  case  or 


498 

cases  shall  be  heard  and  tried  to  final  judgment  or  inquisition 
under  the  law  or  laws  in  operation  before  the  passage  of  this 
Act. 

1874,  ch.  218.    P.  L.  L.,   (1888)  Art.  4,  sec.  812. 

830.  A  tenant  for  ninety-nine  years,  or  for  ninety-nine 
years,  renewable  forever,  or  the  executor  or  administrator  of 
such  tenant,  or  the  guardian  of  an  infant  owner,  or  a  mort- 
gagee in  possession,  shall  be  deemed  and  taken  as  an  owner  for 
the  purposes  of  any  application  to  the  Mayor  and  City  Council 
authorized  by  this  sub-division  of  this  Article ;  and  the  applica- 
tion of  any  such  person  shall  bind  the  property  so  represented 
for  any  assessment  or  tax  made  under  an  ordinance  passed  in 
pursuance  of  the  provisions  of  this  sub-division  of  this  Article. 

Holland  v.  Mayor.  11  Md.  186.  Wolff  v.  Mayor.  49  Md.  446.  Handy 
V.  Collins.  60  Md.  229.  Mayor,  etc.  v.  Boyd,  64  Md.  10.  Galloway  v. 
Shipley,  71  Md.  243. 

1833,  ch.  182.     r.  L.  L.,    (1860)   Art.  4,  sec.  842.     P.  L.  L.,    (1888)   Art. 

4,  sec.  813. 

831.  Where  real  estate  within  the  said  city  has  been  or  may 
be  divided  according  to  law  among  heirs,  legatees,  joint  tenants 
or  tenants  in  common,  entitled  to  the  same;  and  such  division 
calls  for  any  of  the  streets,  lanes  or  alleys  or  any  part  thereof 
surveyed  and  laid  off  under  the  Act  of  1817,  Chapter  148,  or 
reserves  any  of  the  streets,  lanes  or  alleys,  or  any  part  thereof,  as 
open,  and  divides  such  estate  with  reference  thereto,  the  Mayor 
and  City  Council  of  Baltimore  may,  on  application  of  one  or 
more  persons  interested  in  the  ground  to  be  taken  on  such  appli- 
cation, adopt  and  sanction  by  ordinance  the  principle  under 
which  such  division  was  had,  and  open  any  of  the  said  streets, 
lanes  or  alleys,  or  any  parts  thereof,  in  the  said  division  reserved 
or  recognized ;  provided,  at  least  one  week's  notice  in  the  news- 
papers of  said  city  (the  cost  of  the  advertisement  to  be  paid 
by  the  applicants),  be  given  of  such  application  before  any  such 
ordinance  shall  pass. 

1832.  ch.  182.     P.  L.  L.,    (1860)   Art.  4,  sec.  850.     P.  L.  L.,    (1888)   Art. 

4,  sec.  814. 

832.  All  the  streets,  lanes,  or  alleys  opened  in  the  manner 
directed  in  the  preceding  section  shall  be  public  highways,  and 
be  subject  to  the  laws,  regulations  and  ordinances  applicable 
to  public  streets,  lanes  or  alleys,  or  parts  thereof,  in  said  city. 


409 

P.  L.  L.,    (1S60)   Art.  4.  sec.  851.     P.  L.  L.,   (1888)   Art.  4,  sec.  815. 

833.  Thej  may,  on  application  of  the  owners  of  a  majority 
of  feet  in  front  of  any  private  wharf,  dock,  street,  lane  or  alley, 
cause  the  same  to  be  paved,  cleaned  out,  mended  or  otherwise 
repaved  or  kept  in  good  condition  or  repair,  and  may  impose 
upon  and  collect  from  all  the  proprietors  of  the  property  so 
to  be  cleaned  out  or  repaired,  a  tax  sufficient  in  amount  to  de- 
fray the  expenses  thereof,  which  shall  be  assessed  upon  the 
proprietors  in  proportion  to  the  number  of  feet  held  by  them, 
respectively,  in  front  or  length,  and  shall  be  collected  by  the 
Mayor  and  City  Council  of  Baltimore  as  taxes  levied  for  paving 
public  streets. 

GRADES  OF  STREETS. 

1904,  ch.  34. 

833a.  Whenever  the  establishment  of  the  gi'ade  of  any  street, 
or  alley,  or  part  thereof,  in  the  City  of  Baltimore,  shall  become 
necessarv,  it  shall  be  the  dutv  of  the  Citv  Survevor  of  Baltimore 
City,  and  he  shall  be  notified  of  such  establishment  by  the  City 
Engineer  of  said  city  whose  duty  it  shall  be  to  give  such  notifica- 
tion, to  establish  such  grade  and  to  prepare  the  profile  of  the 
same;  and  it  shall  also  be  his  duty  to  prepare  all  paving  plats 
whenever  the  same  shall  be  necessary  or  their  use  required  for 
the  City  of  Baltimore. 

1904,  ch.  34. 

833b.  The  compensation  for  the  duties  so  to  be  performed 
by  the  City  Surveyor  under  this  Act  shall  be  fixed  by  the  fol- 
lowing table,  viz : 

For  establishing  the  grade  of  any  street,  one  square  five 
dollars. 

For  all  over  one  square,  each,  three  dollars. 

For  paving  plat,  each  square,  five  dollars,  as  provided  by 
section  5,  Article  49,  of  the  Baltimore  City  Code  of  1893. 

Now  Article  37,  sec.  5,  of  the  City  Code  of  1906. 

P.  L.  L.,   (1860)   Art.  4,  sec.  854.     P.  L.  L.,   (1888)  Art.  4,  sec.  817. 

834.  Whenever  the  Commissioner  of  Health  shall  certify 
in  writing  to  the  Mayor  that  it  is  necessary  for  the  health  of 
the  city  to  alter  the  grade  of  any  street,  lane  or  alley  on  low  or 
made  ground,  the  Mayor  shall  issue  his  order  to  the  (-itv  En- 
gineer, will)  ^liall  tlicicupoii  cnU  n|)(iii  the  s(>v('i-al  |)f<>j)('rty- 
liolders  on   such   street,    lane  or   jiliey,   and    procure   liniii    lluni 


500 

their  assent  in  writing  to  such  alteration ;  and  if  any  property- 
holder  shall  refuse  to  permit  the  same  to  be  graded,  and  shall 
require  damages  therefor,  and  cannot  agree  with  the  City 
Engineer  as  to  the  amount  of  damages,  or  should  there  be  any 
legal  disability  on  the  part  of  those  owning  property  on  such 
street,  lane  or  alley  the  Judge  of  the  Baltimore  City  Court,  on 
application  of  the  corporation,  shall  appoint  three  disinterested 
persons  to  assess  such  damages,  who  shall  return  on  oath  their 
award  to  said  Court,  and  the  same  shall  be  confirmed  by  the 
court  unless  cause  to  the  contrary  be  shown ;  in  which  case  the 
court  shall  at  the  first  term  thereafter  decide  finally  thereon; 
and  when  the  damages  so  assessed  or  agreed  upon  shall  be  paid 
by  the  Mayor  and  City  Council  of  Baltimore  to  the  persons  so 
assessed,  and  legally  entitled  to  receive  the  same,  the  Mayor  and 
City  Council  of  Baltimore  may  proceed  to  regrade  and  pave  the 
said  street,  lane  or  alley. 

1824,  ch.  105.     p.  L.  L..   (1860)  Art.  4,  sec.  857.     P.  L.  L., 
(1888)   Art.  4,  sec.  818. 

835.  The  president,  directors  and  companies  of  the  dilit'erent 
turnpike  companies  owning  roads  running  into  the  City  of 
Baltimore,  may  cede  to  said  city  such  parts  of  said  roads  as  lie 
within  the  corporate  limits  of  said  city;  and  the  same,  when 
ceded,  shall  be  in  all  respects  subject  to  the  same  regulations 
as  unpaved  public  streets. 

Hooper  v.  I'rest.  Balto.  &  Yorktown,  etc.  Road,  34  Md.  521.  M.  &  C;. 
C.  of  Balto.  V.  Turnpike  Co.,  80  Md.  541. 

1894,  ch.  123. 

836.  The  Mayor  and  City  Council  of  Baltimore  be  and  it 
is  hereby  authorized  and  empowered  to  accept  from  the  owners 
thereof,  a  deed  of  the  land  lying  in  the  bed  of  Eutaw  Place 
extended,  between  North  Avenue  on  the  southeast  and  Druid 
Hill  Park  on  the  northwest,  in  consideration  of  an  agreement 
on  the  part  of  said  grantee,  to  be  incorporated  therein,  that  no 
street  car  or  other  railroad  tracks  shall  at  any  time  thereafter 
be  located  or  placed  on  any  part  thereof. 

1894,  ch.  123. 

837.  That  upon  the  execution  of  said  deed  and  acceptance 
thereof  by  the  Alayor  and  City  Council  of  Baltimore  embody- 
ing said  contract  prohibiting  the  locating  or  placing  car  tracks 
upon  any  part  of  the  land  so  to  be  granted,  the  said  contract 
shall  be  and  is  hereby  declared  to  be  forever  thereafter  inviola- 
ble ;   provided,   however,   that "  nothing  herein   contained   shall 


501 

prevent  the  Mayor  and  City  Council  of  Baltimore  from  auth- 
orizing by  ordinance  the  location  or  construction  of  car  tracks 
on  such  part  of  the  bed  of  said  street  as  are  contained  within 
the  limits  of  intersecting  or  cross  streets  that  are  now  or  may 
hereafter  be  provided  for  by  ordinance  of  said  Mayor  and  City 
Council  of  Baltimore, 

1910,  ch.  621. 

837a.  That  the  Mayor  and  City  Council  of  Baltimore  be 
and  it  is  hereby  authorized  and  empowered  to  authorize  and  di- 
rect the  Commissioners  for  Opening  Streets,  under  such  sys- 
tem of  procedure,  including  reasonable  notice  to  the  property 
holders  and  the  right  of  appeal  by  either  the  property  holders 
or  the  Mayor  and  City  Council  of  Baltimore,  to  the  Baltimore 
City  Court  and  the  Court  of  Appeals  of  ^Maryland,  as  it  may 
prescribe,  to  ascertain  and  award  to  the  owners  of  property  in 
the  City  of  Baltimore  injuriously  affected  by  the  changes  in 
grade  provided  for  by  section  31/^  of  Ordinance  'No.  387  of 
the  Mayor  and  City  Council  of  Baltimore,  approved  August 
16,  1909,  commonly  known  as  the  ''Grade  Crossing  Ordi- 
nance," such  damages,  if  any,  as  they  may  find  to  have  been 
actually  sustained  by  and  directly  caused  to  said  property  by 
reason  of  such  changes  in  grade,  and  at  the  same  time  to  assess 
against  the  same  such  benefits  as  they  may  find  to  have  ac- 
crued to  said  owner  by  reason  thereof;  provided,  however,  that 
nothing  in  this  Act  contained  shall  be  construed  as  imposing 
any  duty  or  obligation  upon  the  Mayor  and  City  Council  of 
Baltimore,  except  in  the  event  that  said  property  holders  are 
judicially  declared  to  be  disentitled  to  recover  such  compensa- 
tion or  damages  from  the  Baltimore  and  Ohio  Kailroad  Com- 
pany ;  and  provided  further,  that  in  the  event  of  the  exercise  at 
any  time  by  the  Mayor  and  City  Council  of  Baltimore  of  the 
authority  hereby  conferred,  then  nothing  in  this  Act  contained 
shall  be  construed  as  depriving  the  Mayor  and  City  Council  of 
Baltimore  of  any  right  it  may  lawfully  have  to  demand,  en- 
force and  receive  reimbursement  from  the  Baltimore  and  Oliio 
Railroad  Company  to  the  full  extent  of  any  compensation  it 
may  make  or  damages  it  may  pay  in  the  premises. 

XOBTH  AVEmJE. 

I'.  L.  L.,    (1S60)   Art.  4,  sees.  858-860.     1878,  ch.  59.     P.  L.  L.,    (ISSS) 

Art.  4,  sec.  820. 

838.  Tlie  bed  of  iSTorth  avenne,  throughout  its  entire  length, 
shall  in  all  respects  be  hereafter  held  as  the  bed  of  any  other 


502 

street  or  avenue  in  Baltimore  City,  so  far  as  the  same  be  laid 
down  on  Poppleton's  map  of  Baltimore  City,  and  subject  to 
all  the  conditions  or  requirements  of  any  other  street  or  avenue 
in  said  city ;  and  any  and  all  of  the  ground  fronting  thereon, 
whether  in  Baltimore  City  or  County,  shall,  in  the  event  of 
said  avenue,  or  any  part  thereof,  being  graded,  curbed,  paved, 
shelled,  graveled,  or  in  any  like  manner  improved,  be  subject 
to  the  same  assessment  for  the  cost  of  said  grading,  curbing, 
paving,  graveling,  shelling  or  like  improvement,  as  would  be 
the  case  with  ground  fronting  on  any  other  street  or  avenue  in 
the  city,  similarly  to  be  improved  as  aforesaid,  and  such  ground 
and  the  owners  and  representatives  thereof  shall  in  such  event 
be  held  liable  for  said  assessments,  and  the  said  avenue  be  sub- 
ject to  all  the  Acts  of  Assembly  and  ordinances  of  the  Mayor 
and  City  Council  of  Baltimore  which  are  now  or  may  be  here- 
after in  force  and  applicable  for  grading,  curbing,  paving, 
graveling,  shelling  or  any  like  improvement  of  streets  or  avenues 
in  Baltimore   City. 

Baltimore  City  v.  Porter,  18  Md.  284.    Mayor,  etc.  v.  Horn,  26  Md.  194. 
Lester  v.  Mayor,  29  Md.  419. 

YOKK  ROAD. 

1906,  ch.  62,  sec.  1. 

838a.  It  shall  not  be  lawful  for  any  person,  corporation, 
municipality,  commission,  engineer,  agents,  or  employes  of  such 
corporations,  municipalities,  or  engineers  or  commission,  to 
lay  any  cobblestone  or  macadam  for  street  paving  purposes  upon 
the  York  road  between  l^orth  avenue  and  the  city  line  in  the 
City  of  Baltimore,  without  the  consent  of  the  General  Assembly 
of  Maryland. 

NEW  BOUNDARY  AVENUE. 

1914,  ch.  611. 

838b.  That  the  bed  of  New  Boundary  avenue  in  Baltimore 
City,  as  now  laid  out,  shall  in  all  respects  be  hereafter  held 
as  the  bed  of  any  other  street  or  avenue  in  Baltimore  City ;  and 
any  and  all  of  the  ground  fronting  thereon,  in  Baltimore 
County,  shall  in  the  event  of  said  avenue,  or  any  part  thereof, 
being  graded,  curbed,  paved  or  in  any  like  manner  improved, 
be  subject  to  the  same  assessment  for  the  cost  of  said  grading, 
curbing,  paving,  or  like  improvement  as  would  be  the  case  with 
gi-ound  fronting  on  any  other  street  or  avenue  in  the  City  of 
Baltimore,   similarly  to  be   improved  as  aforesaid ;   and  such 


503 

ground  and  the  owners  and  representatives  thereof  shall   in 
such  event  be  held  liable  for  said  assessments. 

BRIDGES  AND  HIGHWAYS. 

1888,  ch.  98,  sec.  27.    P.  L.  L.,  (1888)  Art.  4,  sec.  824. 

839.  The  bridges  which  the  County  Commissioners  of  Balti- 
more County  have  heretofore  agreed  to  build  within  the  limits  of 
the  territory  which  has  become  annexed  to  Baltimore  City 
under  the  Act  of  1888,  Chapter  98,  shall  be  completed  by  the 
City  of  Baltimore;  and  all  bridges  within  the  limits  of  said 
territory  shall  be  maintained  and  kept  in  repair  for  public  travel 
at  the  expense  of  Baltimore  City;  all  bridges  crossing  the 
Patapsco  River  from  said  city,  including  the  bridge  known  as 
the  "Long"  or  Light  Street  Bridge  shall  be  maintained  and 
kept  in  repair  for  public  travel  at  the  sole  expense  of  the  said 
City  of  Baltimore. 

Pumplirey  v.  Mayor,  47  Md.  145. 
As  to  liability  of  municipality  for  defective  construction  or  condition 
of  bridges,  see,  Co.  Commissioners  of  Harf.  Co.  v.  Wise,  71  Md.  43. 

P.  L.  L.,    (1S88)   Art.  4,  sec.  824-1/2.     1894.  ch.  576.     1902,  ch.  453. 
1904,  ch.  433.     1906,  ch.  158. 

840.  No  avenues,  streets  or  alleys  within  the  territory  an- 
nexed to  the  City  of  Baltimore  by  the  Act  of  1888,  Chapter 
98,  shall  hereafter  be  opened,  established  or  condemned,  nor 
shall  the  dedication  of  any  avenue,  street  or  alley  in  said  terri- 
tory be  hereafter  accepted  by  the  Mayor  and  City  Council  of 
Baltimore  unless  the  same  shall  be  approved  in  writing  by  the 
Topographical  Survey  Commission,  consisting  of  the  Mayor, 
Comptroller  and  Register  of  the  City  of  Baltimore,  or  unless 
the  said  avenues,  streets  or  alleys  be  so  opened,  established, 
condemned  or  dedicated  that  the  lines  and  grades  thereof  shall 
conform  to  the  general  plan  of  streets  for  the  annex  as  adopted 
under  ordinance  No.  129,  approved  December  3rd,  1898,  or  as 
said  plan  shall  be  amended  in  accordance  with  the  provisions 
of  this  section,  that  is  to  say;  with  the  approval  of  the  afore- 
said Topographical  Survey  Conmiission,  the  JVlayor  and  City 
Council  of  Baltimore  may  by  ordinance,  from  time  to  time  and 
in  any  manner,  alter  or  amend  the  said  general  plan  of  streets, 
and  the  said  Mayor  and  City  Council  of  Baltimore  may  there- 
after by  ordinance  open,  establish  or  condemn,  or  the  Mayor  of 
Baltimore  City  may  receive  a  deed  for  any  avenue,  street  or 
alley  laid  down  on  the  said  general  plan  of  streets  as  amended, 
or  if  any  such  avenue,  street  or  alley  shall  be  dedicated  the 


504 

same  may  thereafter  be  accepted ;  said  Topographical  Survey 
Commission  is  hereby  authorized  to  make  such  rules  and  regu- 
lations regarding  surveys,  plats  or  plans  relating  to  the  location 
of  avenues,  streets  or  alleys  as  they  may  deem  proper  from  time 
to  time. 

Siudall  V.  Bultiinore  City,  93  Md.  529. 
As  to  dedication  of  streets,  see,  M.  &  C.  C.  of  Baltimore  v.  N.  C.  Ry. 
Co.,  88  Md.  427. 

1908.  ch.  582.  1912,  cli.  659,  sec.  1. 
840a.  That  every  private  street,  lane,  alley  or  way  in  the 
City  of  Baltimore  which  shall  be  hereafter  laid  out  and  opened, 
and  which  for  a  period  of  one  year  shall  connect  with,  open  into, 
or  lead  to  or  from  any  public  street,  lane,  alley  or  way  of  said 
city,  and  passage  between  which  said  private  street,  lane,  alley 
or  way  and  said  public  street,  lane,  alley  or  way  shall  not  be 
barred  or  obstructed  by  a  wall,  fence  or  similar  structure  erected 
along  the  dividing  line  between  them,  either  without  a  gate  or 
gates  therein,  or  with  a  gate  or  gates,  which  shall  be  kept  closed 
at  all  times  except  when  in  actual  use,  shall  be  conclusively  pre- 
sumed to  have  been  dedicated  by  the  owner  or  owners  thereof 
to  public  use  as  public  highways,  and  may,  at  any  time  there- 
after be  accepted  as  public  highways,  either  by  ordinance  of  the 
Mayor  and  City  Council  of  Baltimore  or  in  any  other  manner 
in  which  a  dedication  of  land  to  public  use  made  in  any  other 
way  be  accepted.  The  preceding  provisions  of  this  act  shall 
not  apply  to  any  private  streets,  lanes,  alleys  or  ways  laid  out 
after  the  passage  of  this  amended  act,  upon  plans  approved 
by  the  Topographical  Survey  Commission  of  Baltimore  City, 
whose  owner  or  owners  shall  declare  them  to  be  private  by 
placing  and  maintaining  a  sign  or  signs  at  or  near  the  junction 
or  junctions  of  such  private  streets,  lanes,  alleys  or  ways  with 
such  public  streets,  lanes,  alleys  or  ways  on  which  sign  or 
signs  shall  be  marked  the  words  ''Private  Way,"  provided  and 
so  long  as  such  owner  or  owners  do  not  grant  in  such  private 
streets,  lanes,  alleys  or  ways,  for  a  longer  period  than  twenty- 
five  years,  any  franchise,  right  or  easement  for  a  railway  or 
for  pipe  or  conduits  for  supplying  electricity,  gas,  water  or 
steam  or  for  any  other  use  that  would  be  in  the  nature  of  a 
public  service  franchise. 

1912,  cli.  659,  sec.  2. 

840b.     That  nothing  herein  co^itained  shall  affect  any  right 
acquired  by  the  Mayor  and  City  Council  of  Baltimore  City 


505 

under  said  Act  of  1908,  Chapter  582,  prior  to  the  passage  of 

this  Act. 

1908,  ch.  583. 

840c.     That   every  private  street,   lane,   alley  or  way  now 

existing  in  the  City  of  Baltimore,  which  for  a  period  of  one 

year  from  the  passage  of  this  Act,  shall  connect  with,  open 

into,  or  lead  to  or  from  any  public  street,  lane,  alley  or  way 

of  said  city,  and  passage  between  which  said  private  street, 

lane,  alley  or  way,  and  said  public  street,  lane,  alley  or  way 

shall  not  be  barred  or  obstructed  by  a  wall,  fence  or  similar 

structure  erected  along  the  dividing  line  between  them,  either 

without  a  gate  or  gates  therein,  or  with  a  gate  or  gates  which 

shall  be  kept  closed  at  all  times  except  when  in  actual  use,  shall 

be  conclusively  presumed  to  have  been  dedicated  by  the  owner 

or  owners  thereof  to  public  use  as  public  highways,  and  may, 

at  any  time  thereafter,  be  accepted  as  public  highways,  either 

by  ordinance  of  the  Mayor  and  City  Council  of  Baltimore  or 

in  any  other  manner  in  which  a  dedication  of  land  to  public  use 

made  in  any  other  way,  may  be  accepted. 

This  Act  was  approved  April  8,  1908. 

P.  L.  L.,   (1888)  Art.  4,  sec.  824A.     1890,  ch.  628. 

841.  All  streets,  avenues  or  alleys  lying  in  that  portion  of 
Baltimore  City,  formerly  constituting  a  portion  of  Baltimore 
County,  and  in  pursuance  of  the  Act  of  the  General  Assembly 
of  Maryland  of  1888,  Chapter  98,  recently  annexed  to  the  said 
City  of  Baltimore,  which  had  prior  to  such  annexation  become 
streets,  avenues  or  alleys  in  Baltimore  County,  whether  by  deed 
or  dedication,  shall  be  held  for  all  purposes  to  validly  con- 
stitute streets,  avenues  or  alleys  of  Baltimore  City,  in  all  re- 
spects as  if  the  same  had  been  legally  condemned  as  such  by  the 
Mayor  and  City  Council  of  Baltimore. 

Park  Tax  Case,  84  Aid.  1.  Baltimore  City  v.  Broumel,  86  Md.  155. 
Clendeuin  v.  Md.  Construction  Co.,  86  Md.  86. 

ANE^EX  I^IPROVEMENT  LOAN  AND  COMMISSION. 

1904,  ch.  274,  sec.  1. 

841a.  The  Mayor  and  City  Council  of  Baltimore  is  auth- 
orized to  issue  stock  to  an  amount  not  exceeding  two  million 
dollars,  to  be  issued  from  time  to  time  and  payable  at  such  time 
and  bearing  such  rate  of  interest  as  the  said  Mayor  and  City 
Council  of  Baltimore  shall  by  ordinance  prescribe;  provided, 
however,  that  not  more  than  five  hundred  thousand  dollars 
of  said  stock  shall  be  issued  in  any  one  year.     The  proceeds  of 


506 

the  sale  of  said  stock  shall  be  used  only  for  the  purpose  of  pro- 
viding the  costs  aud  expenses  of  condemning,  opening,  grading, 
paving  and  curbing  the  streets,  avenues,  lanes  and  alleys  of  the 
Annex  portion  of  Baltimore  City.  The  certificates  of  stock  shall 
not  be  issued  and  the  commission  hereinafter  created  shall  not 
be  appointed  unless  and  until  the  ordinance  which  the  Mayor 
and  City  Council  of  Baltimore  are  hereby  authorized  to  pass  for 
the  purpose  aforesaid  shall  be  approved  by  a  majority  of  the 
votes  of  the  legal  voters  of  the  City  of  Baltimore,  cast  at  the 
time  and  place  to  be  appointed  by  said  ordinance  in  the  provi- 
sions for  submitting  the  same  to  the  legal  voters  of  said  city. 

1904,  ch.  274,  see.  2. 

841b.  The  Mayor  of  the  City  of  Baltimore  (if  the  loan 
provided  for  in  the  next  preceding  section  of  this  Article  shall 
be  approved)  is  authorized  to  appoint,  in  the  manner  prescribed 
in  section  25  of  this  Article,  four  capable  and  upright  citizens, 
property  owners  and  residents  of  the  Annex  portion  of  Balti- 
more City,  two  of  whom  shall  be  members  of  the  Republican 
party,  who  together  with  the  Mayor,  Comptroller,  City  Engi- 
neer and  Commissioners  for  Opening  Streets,  as  ex-officio  mem- 
bers, shall  constitute  a  special  commission,  to  be  known  as  the 
"Annex  Improvement  Commission,"  and  w^ho  shall  continue 
in  office  until  the  work  of  said  commission  has  been  completed ; 
in  case  of  death,  resignation  or  removal  from  office  of  any  of 
said  commission,  the  Mayor  shall  have  authority  to  appoint 
another  to  fill  said  vacancy.  The  members  of  said  commission, 
other  than  the  ex-oficio  members,  shall  receive  compensation  for 
their  services  at  the  rate  of  fifteen  hundred  dollars  per  annum, 
except  the  chairman  thereof,  who  shall  receive  compensation  ^at 
the  rate  of  two  thousand  dollars  per  annum.  A  majority  of  the 
members  of  said  commission  shall  be  a  lawful  quorum  for  the 
transaction  of  business.  As  soon  as  the  appointed  members  of 
said  commission  shall  have  qualified,  they  shall  organize  by  the 
election  of  one  of  its  members  as  chairman  of  said  commission, 
who  shall  be  removable  at  pleasure  by  said  commission  and  who 
shall  preside  over  the  meetings  of  said  commission  and  perform 
such  other  duties  as  are  imposed  on  him  by  this  sub-division  of 
this  article,  or  may  be  assigned  to  him  by  said  commission ;  and 
they  shall  elect  a  secretary,  not  a  member  of  said  commission 
who  shall  be  removable  at  pleasure  of  said  commission,  and 
receive  compensation  not  to  exceed  the  sum  of  twelve  hundred 
dollars  per  annum ;  the  said  secretary  shall  keep  a  record  of 
the  proceedings  of  said  commission  and  perform  such  other 


507 

duties  as  are  imposed  or  assigned  to  him  by  said  commission. 
All  records  of  said  commission  shall  be  public,  and  the  com- 
mission shall  make  annual  reports  to  the  Mayor  and  City  Coun- 
cil of  Baltimore  of  its  official  transactions  and  all  expenditures. 
The  Mayor  and  City  Council  of  Baltimore  shall  provide  proper 
offices  for  said  commission.  The  said  commission  shall  have 
authority  and  power  to  employ  any  help  or  assistance  necessary 
to  promote  the  object  and  purpose  of  this  commission  and  its 
work,  and  to  fix  the  compensation  of  such  help  and  to  remove 
or  discharge  them  at  their  pleasure;  also  to  purchase  neces- 
sary office  furniture  and  stationery. 

1904,  ch.  274,  sec.  3. 
841c.  Said  commission  shall  have  the  right  and  power  to 
condemn,  lay  out,  open,  extend,  widen,  straighten,  close,  grade 
and  pave  any  street,  avenue,  lane  or  alley  or  any  part  thereof, 
from  curb  to  curb;  and  to  establish  and  fix  the  building  line 
and  the  width  of  the  sidewalks  on  any  street,  avenue,  lane  or 
alley  now  existing  or  to  be  laid  out,  opened,  extended,  widened, 
straightened,  graded  or  paved  in  the  Annex  portion  of  the  City 
of  Baltimore.  Said  commission  shall  have  all  powers  necessary 
and  proper  in  the  exercise  of  said  powers ;  and  the  Mayor  and 
City  Council  of  Baltimore  is  hereby  authorized  and  empowered 
to  grant  by  ordinance  any  further  powers  and  duties  it  shall 
deem  necessary  for  the  proper  execution  of  the  improvements 
intended  to  be  made  by  this  Act. 

Flack  V.  M.  &  C.  C.  of  Baltimore,  104  Md.  107. 

1904,  ch.  274,  sec.  4. 
841d.  Immediately  after  the  appointment  and  organiza- 
tion of  said  commission  it  shall  cause  to  be  prepared  for  its 
guidance  and  use  a  map  or  maps  of  the  entire  Annex  portion 
of  the  City  of  Baltimore  or  any  part  or  parts  thereof,  showing 
the  streets,  avenues,  lanes  and  alleys  and  the  number  of  houses 
situated  in  and  the  area  of  each  block  of  ground  in  said  Annex, 
and  such  other  information  as  may  be  desired.  The  said  com- 
mission is  hereby  authorized  to  direct  any  municipal  officer, 
agent,  employe  or  board  of  the  Mayor  and  City  Council  of 
Baltimore  to  furnish  such  maps  and  information  and  to  give 
such  other  assistance,  information  and  advice  as  may  be  requi- 
site to  enable  said  commission  to  have  prepared  such  map  or 
maps  and  put  such  proposed  changes,  additions  or  improvements 
on  them,  and  to  give  such  other  assistance,  advice  and  informa- 
tion as  said  commission  may  require  to  carry  into  effect  its  work 
under  this  Act. 


508 

1904,  ch.  274,  sec,  5. 

841e.  The  said  commission  hereby  created  shall  be  the  agent 
of  the  Mayor  and  City  Council  of  Baltimore  to  acquire  by 
gift,  purchase,  lease,  whatever  the  duration  of  the  lease,  or  by 
other  methods  of  acquisition  or  by  condemnation,  any  private 
property  whatsoever,  including  streets,  avenues,  lanes  and  al- 
leys, rights  or  interests,  franchises,  privileges  or  easements,  that 
may  be  required  to  open,  widen,  extend,  straighten,  close,  grade 
or  pave  any  street,  avenue,  lane  or  alley,  or  to  broaden  any 
sidewalk ;  and  as  soon  as  the  title  to  the  property  acquired  as  set 
forth  herein  has  been  certified  by  the  City  Solicitor,  said  com- 
mission shall  have  the  same  conveyed  to  the  Mayor  and  City 
Council  of  Baltimore,  and  no  ordinance  shall  be  requisite  to 
the  validity  of  such  conveyance ;  said  streets,  avenues,  lanes 
and  alleys  so  conveyed  shall  become  public  highways,  subject  to 
all  ordinances  and  resolutions  relating  to  streets,  avenues,  lanes 
and  alleys  in  the  City  of  Baltimore.  Authority  is  hereby  con- 
ferred upon  the  Mayor  and  City  Council  of  Baltimore  to  pro- 
vide by  ordinance  or  ordinances  the  proceedings  for  condem- 
nation of  property  as  herein  set  forth  by  the  said  commission. 
Flack  V.  Mayor,  etc.,  Baltimore,  104  Md.  107. 

1904,  ch.  274,  sec.  6. 

841f.  'No  money  shall  be  expended  by  said  commission  to 
pay  for  the  improvement  of  sidewalks  in  the  said  Annex,  but 
same  shall  be  done  at  the  expense  of  the  owner  or  owners  of 
property  along  and  upon  the  streets,  avenues  or  lanes  on  which 
the  said  sidewalks  are  to  be  placed ;  authority  is  given  said  com- 
mission to  assess  said  property  for  the  cost  and  expenses  of  said 
sidewalks,  and  to  collect  the  same  as  now  prescribed  by  law  or 
ordinances. 


1904,  ch.  274,  sec.  7.     1908,  ch.  169. 

841g.  That  said  commission  is  hereby  authorized  and  em- 
powered to  contract,  subject  to  the  provisions  of  sections  14  and 
15  of  the  Baltimore  City  Charter,  with  any  person,  persons, 
company  or  corporation  for  the  work  of  opening,  grading,  curb- 
ing and  paving  the  streets,  avenues,  lanes  and  alleys  of  the 
Annex,  as  intended  by  this  Act,  or  to  employ  the  necessary 
laborers,  help  and  assistants,  skilled  and  unskilled,  and  per- 
form the  work  under  their  own  supervision.  The  costs  and 
expenses  of  said  work,  and  all  necessary  expenses  of  this  com- 
mission to  be  paid  out  of  the  loan,  as  provided  in  section  1  of 


509 

this  Act,  upon  voiicliers,  approved  by  the  said  commission  or  its 
chairman,  and  presented  to  the  Comptroller  and  City  Register 
of  the  City  of  Baltimore. 

1004,  ch.  274,  sec.  S. 

841h.  The  Mayor  and  City  Council  of  Baltimore  shall  pre- 
scribe by  ordinance  the  methods  and  proceedings  for  the  sew- 
erage and  drainage  of  said  Annex  and  to  provide  the  costs 
and  expenses  of  same  out  of  any  fund  or  funds  now  or  here- 
after available. 

1904,  ch.  274,  sec.  9. 

841i.  The  said  commission  is  hereby  authorized  as  its  work 
progresses  to  turn  over  from  time  to  time,  such  completed 
portions  of  said  work  as  it  may  see  fit  to  the  charge,  superin- 
tendence and  control  of  the  proper  city  officials,  and  shall  on 
the  termination  of  its  work  turn  over  all  the  records,  writings, 
maps,  reports  to  the  Commissioner  for  Opening  Streets,  to  be 
by  him  preserved  and  to  be  used  as  the  papers  and  records 
of  his  office. 

1904.  ch.  274,  sec.  10. 

841] .  •  Provided,  however,  in  lieu  of  said  commission  herein- 
before provided  for  in  section  2  of  this  Act,  the  Mayor  and 
Ciy  Council  of  Baltimore  may  by  ordinance  authorize  and 
empower  the  Commissioner  for  Opening  Streets  of  Baltimore 
City  to  perform  the  duties  and  functions  in  this  bill  heretofore 
provided  for  the  said  commission. 

1910,  ch.  736,  sec.  1. 

841k.  That  the  Commissioners  for  Opening  Streets  of  the 
City  of  Baltimore  are  hereby  constituted  a  commission  to  be 
known  as  the  Annex  Improvement  Commission,  and  as  such 
in  addition  to  their  ordinary  duties  are  hereby  vested  and 
clothed  with  all  the  powers  and  rights  in  this  Act  contained, 
and  are  hereby  authorized,  empowered  and  directed  to  carry 
into  effect  all  the  provisions  of  this  Act.  As  compensation  for 
their  services  hereunder  the  Mayor  and  City  Council  of  Balti- 
more may  in  its  discretion  award  the  said  Commissioners  such 
annual  sum  as  it  may  deem  proper  in  addition  to  the  compensa- 
tion to  which  they  are  respectively  entitled  for  discharging 
the  ordinary  duties  of  their  office,  provided  that  the  total  com- 
pensation received  by  each  of  said  Commissioners  shall  in  no 
event  exceed  the  sum  of  two  thousand  five  hundred  ($2,500) 


510 

dollars  per  annum.  The  clerk  of  said  Commissioners  shall  act 
as  their  secretary  in  connection  with  the  powers  and  duties 
hereby  conferred,  and  for  his  services  in  this  connection,  the 
Mayor  and  City  Council  of  Baltimore  may,  in  its  discretion, 
award  him  such  annual  sum  as  it  may  deem  proper,  in  addition 
to  the  compensation  to  which  he  is  entitled  for  discharging  the 
ordinary  duties  of  his  office  as  clerk;  provided  that  his  total 
compensation  shall  in  no  event  exceed  the  sum  of  two  thousand 
($2,000)  dollars  per  annum.  The  said  secretary  shall  keep 
a  record  of  all  proceedings  of  the  Commission,  and  shall  enter 
in  a  well-bound  book  and  carefully  preserved,  neat,  legible  and 
accurate  minutes  of  all  meetings  of  the  Commission,  and  he 
shall  perform  all  such  other  duties  as  usually  appertain  to  the 
office  of  secretary  of  a  private  corporation,  or  as  may  be  im- 
posed upon  him  by  this  Act  or  as  may  be  assigned  to  him  by 
the  Commission,  shall  annually  make  to  the  Mayor  a  detailed 
report  of  all  its  official  transactions  and  expenditures.  The  said 
Commission  shall  have  authority  and  power,  subject  to  the 
approval  or  ratification  of  the  Board  of  Estimates,  to  employ 
any  help  or  assistance  necessary  to  promote  the  object  and 
purpose  of  this  Commission  and  its  work,  and  to  fix  the  com- 
pensation of  such  help  and  to  remove  or  discharge  them  at 
their  pleasure;  also  to  purchase  necessary  office  furniture  and 
stationery. 

Commissioners  for  Opening   Streets  authorized  to  make  assessments 
for  benefits  in  opening  streets  in  the  Annex. 

Leon  Lauer  v.  M.  &  C.  C,  et  al.,  110  Md.  447. 

1910,  ch.  736,  see.  2. 

8411.  That  upon  the  completion  by  the  Annex  Improve- 
ment Commission  created  by  Chapter  274  of  the  Acts  of  the 
General  Assembly  of  Maryland  of  1904,  (the  power  and  func- 
tions of  which  commission  have  been  and  are  being  exercised 
by  the  Commissioners  for  Opening  Streets  pursuant  to  Ordi- 
nance No.  216,  of  the  Mayor  and  City  Council  of  Baltimore, 
approved  March  6,  1905)  of  all  its  work  pending  at  the  time 
of  the  approval  by  the  people  of  the  loan  hereby  authorized, 
the  said  Commission  shall  be  taken  to  have  been  superseded  in 
every  respect  by  the  Commission  hereby  created,  shall  there- 
upon be  entitled  to  the  possession  and  custody  of  all  maps,  plats, 
blue-prints,  sketches,  surveys,  books,  papers,  documents,  writ- 
ings, letters  and  chattels  of  and  belonging  to  said  former  Com- 
mission, and  also  to  any  unexpended  balance  remaining  out  of 
the  proceeds  of  the  said  loan  authorized  by  the  said  Act  of 


511 

1904,  which  unexpended  balance,  if  any,  shall  be  placed  to  the 
credit  of  the  special  fund  hereinafter  provided  for  and  used 
by  the  Commission  created  by  this  Act  in  the  manner  auth- 
orized by  this  Act,  for  carrying  out  any  of  the  powers  and 
duties  hereby  conferred. 

1910,  ch.  736,  sec.  3. 

841in.  That  said  Commission  shall  have  the  right  and 
power  and  under  and  in  pursuance  of  any  general  or  special 
ordinance  or  ordinances  of  the  Mayor  and  City  Council  of  Bal- 
timore which  may  be  passed  therefor  to  grade  and  pave  any 
street,  avenue,  lane  or  alley  or  any  part  thereof  from  curb  to 
curb,  and  to  establish  and  iix  the  building  line  and  the  width  of 
the  sidewalk  on  any  street,  avenue,  lane  or  alley  now  existing 
or  to  be  laid  out,  opened,  extended,  widened,  straightened, 
gi-aded  or  paved  in  the  annex  portion  of  the  City  of  Balti- 
more. That  said  Commission  shall  have  all  powers  necessary 
and  proper  in  the  exercise  of  said  powers ;  and  the  Mayor  and 
City  Council  of  Baltimore  are  hereby  authorized  and  em- 
powered to  grant  by  ordinance  any  further  powers  and  duties 
it  shall  deem  necessary  for  the  proper  execution  of  the  improve- 
ments intended  to  be  made  by  this  Act. 

1910.  ch.  736,  sec.  4. 

841n.  That  all  work  done  or  supplies  or  materials  pur- 
chased in  carrying  out  the  purposes  of  this  Act,  when  involving 
an  expenditure  of  five  hundred  dollars  ($500.00)  or  more, 
shall  be  by  contract  awarded  by  the  Board  of  Awards  to  the 
lowest  responsible  bidder,  in  accordance  with  the  provisions  of 
sections  14  and  15  of  Article  4,  entitled  ^^City  of  Baltimore," 
of  the  Public  Local  Laws  of  Maryland,  including  the  powers 
conferred  by  said  section  15  upon  the  Board  of  Awards  to 
select  the  particular  thing  to  be  adopted  in  the  case  of  alterna- 
tive bids ;  provided,  however,  that  the  Mayor  and  City  Council 
shall  have  the  power  to  prescribe  by  ordinance  as  to  any  particu- 
lar street  or  streets  that  the  contract  for  paving  or  curbing,  re- 
paving  or  re-curbing  the  same  shall  be  awarded  to  the  lowest 
responsible  bidder  complying  with  the  call  for  bids,  whether 
bids  are  asked  for,  for  one  or  more  than  one  kind  of  pavement, 
reserving  to  the  Board  of  Awards  the  right  to  reject  all  bids 
and  to  call  for  new  bids. 

1910,  ch.  736,  sec.  5. 
841o.     That   the  said   Commission  hereby  created   shall  be 


512 

the  agent  of  the  Mayor  and  City  Council  of  Baltimore  to 
acquire  by  gift,  purchase,  lease,  whatever  the  duration  of  the 
lease,  or  other  methods  of  acquisition,  or  by  condemnation,  any 
private  property  whatsoever,  including  streets,  avenues,  lanes 
and  alleys,  rights  or  interests,  franchises,  privileges  or  ease- 
ments, that  may  be  required  to  open,  widen,  extend,  straighten, 
close,  grade  or  pave  any  street,  avenue,  lane  or  alley,  or  to 
broaden  any  sidewalk,  and  as  soon  as  the  title  to  the  property 
acquired  as  set  forth  herein  has  been  certified  by  the  City  Solici- 
tor, said  Commission  shall  have  the  same  conveyed  to  the  Mayor 
and  City  Council  of  Baltimore,  and  no  ordinance  shall  be 
requisite  to  the  validity  of  such  conveyance;  said  streets,  ave- 
nues, lanes  and  alleys  so  conveyed  shall  become  public  highways, 
subject  to  all  ordinances  and  resolutions  relating  to  streets,  ave- 
nues, lanes  and  alleys  in  the  City  of  Baltimore ;  that  authority 
is  hereby  conferred  upon  the  Mayor  and  City  Council  of  Balti- 
more to  provide  by  ordinance  or  ordinances  the  proceedings  for 
condemnation  of  property  as  herein  set  forth  by  the  said  Com- 
mission. 

Wrong  advertisement.     Party  must  appeal  to  City  Court.     Court  of 
Equity  no  jurisdiction. 

Jolm  Wannenwetscli  et  al,  v.  M  &  C.  C,  111  Md.  32. 

Under  Act  of  1904,  Chapter  274,  Annex  Improvement  Commission  have 

power  to  close,  as  well  as  open  and  widen  streets.  The  fact  that  a  street 
closing  is  of  special  benefit  to  certain  property  is  not  conclusive  that  it 

is  not  also  for  a  public  purpose. 

Baltimore  v.  Brengle,  116  Md.  343. 

1910,  ch.  736,  sec.  6. 

841p.  That  no  expenditure  shall  be  made  by  said  Commis- 
sion for  the  grading,  paving  or  improvement  of  said  sidewalks 
in  the  annex  portion  of  said  city,  but  the  same  shall  be  done 
at  the  expense  of  the  owner  or  owners  of  the  property  upon  and 
along  the  streets,  avenues,  lanes  or  alleys  on  which  such  side- 
walks are  to  be  established,  widened,  graded,  paved  or  other- 
wise laid  out  and  improved;  and  the  said  Commission  in  its 
discretion  is  authorized  and  empowered  to  require  said  property 
owners  to  grade,  pave  and  improve  said  sidewalks  at  their  ex- 
pense, or  upon  their  failure  to  do  so  the  Commission  may  do 
such  work  itself  and  assess  said  property  for  the  cost  and  ex- 
penses of  such  work,  and  the  procedure  and  rights  and  powers 
of  the  Commission  with  respect  to  such  work  and  to  such  assess- 
ments and  the  collection  thereof  shall  be  that  now  or  hereafter 
prescribed  by  law  in  relation  to  the  duties  of  a  similar  nature 
with  which  the  City  Engineer  and  other  officers  of  the  city 


513 

are  now  or  may  be  respectively  clothed,  or  the  procedure  and 
the  rights  and  powers  of  said  Commission  may  be  such  as  may 
be  provided  for  the  very  purpose  by  any  lawful  ordinance  or 
ordinances  of  the  Mayor  and  City  Council  of  Baltimore,  which 
said  ordinance  or  ordinances  the  Mayor  and  City  Council  of  Bal- 
timore is  hereby  fully  authorized  to  adopt,  provided  provision  is 
made  in  such  ordinance  or  ordinances  for  reasonable  notice  to 
the  owner  or  owners  and  for  appeals  to  the  Baltimore  City 
Court,  and  the  right  of  appeal  to  the  Court  of  Appeals  by  any 
person  interested,  including  the  Mayor  and  City  Council  of  Bal- 
timore. 

1910.  ch.  736,  sec.  7. 

841q.  That  the  Mayor  and  City  Council  of  Baltimore  be 
and  are  hereby  authorized  to  issue  stock  to  an  amount  not  ex- 
ceeding two  million  five  hundred  thousand  dollars,  to  be  issued 
from  time  to  time  and  payable  at  such  time  and  bearing  such 
rate  of  interest  as  the  said  Mayor  and  City  Council  of  Balti- 
more shall  by  ordinance  prescribe;  provided,  however,  that  not 
more  than  five  hundred  thousand  dollars  of  said  stock  shall  be 
issued  in  any  one  year.  The  proceeds  of  the  sale  of  said  stock 
shall  be  used  only  for  the  purpose  of  providing  the  costs  and 
expenses  of  condemnation,  opening,  grading,  paving  and  curb- 
ing the  streets,  avenues,  lanes  and  alleys  of  the  annex  portion 
of  Baltimore  City ;  said  stock  shall  be  sold  and  issued  by  the 
Commissioners  of  Finance  of  the  City  of  Baltimore  at  the  best 
prices  obtainable  in  their  judgment  therefor,  and  any  premiums 
derived  from  the  sale  thereof  shall  remain  in  their  hands  as 
part  of  the  sinking  funds  hereinafter  mentioned  for  the  re- 
demption of  said  stocks  at  maturity.  The  residue  of  the  money 
received  from  the  sale  of  said  stock  shall  be  turned  over  by  them 
to  the  Comptroller,  to  be  by  him  deposited  with  the  City  Regis- 
ter, and  to  be  placed  to  the  credit  of  a  special  fund,  to  be  known 
as  the  ''Annex  Improvement  Fund,"  which  shall  be  exclusively 
applicable  to  the  purposes  in  the  section  above  specified,  and  shall 
be  chargeable  with  no  other  items  of  cost  or  expense  whatever ; 
provided,  however,  that  not  more  than  five  hundred  thousand 
dollars  ($500,000.00)  of  said  stock  shall  be  issued  for  any  one 
year  after  appropriations  for  the  cost  of  said  work  shall  have 
been  duly  included  and  allowed  for  each  year  in  the  usual  way 
in  the  ordinance  of  estimates,  then,  upon  the  written  requisition 
of  the  Commission  or  of  its  president  the  Comptroller  shall 
draw  his  warrant  upon  the  City  Register,  payable  out  of  such 
appropriations  from  said   special  fund  for  the  amount  of  all 

(17) 


514 

items  of  cost  or  expense  properly  chargeable  upon  said  special 
fund ;  but  said  stock  shall  not  be  issued  in  whole  or  in  part  un- 
less the  ordinance  of  the  Mayor  and  City  Council  of  Baltimore 
providing  for  the  issuance  thereof  shall  be  submitted  to  the 
legal  voters  of  the  City  of  Baltimore  at  such  time  and  place  as 
may  be  iixed  by  said  ordinance,  and  be  approved  by  a  majority 
of  the  votes  cast  at  such  time  and  place  as  required  by  section 
7  of  Article  11  of  the  Constitution  of  Maryland.  If  issued 
pursuant  to  such  approval,  the  Mayor  and  City  Council  of  Bal- 
timore shall  levy  in  each  and  every  year  upon  all  property  liable 
to  taxation  in  the  City  of  Baltimore  a  sum  sufficient  to  pay  the 
interest  accruing  on  said  stock  and  create  a-  sinking  fund  suffi- 
cient, with  the  aid  of  any  premiums  on  the  sale  thereof,  to  re- 
deem said  stock  at  its  maturity. 

1910,  ch.  736,  sec.  8. 

841r.  That  while  the  work  authorized  by  this  Act  is  being 
done  by  said  Commission,  no  rights  or  powers  now  or  here- 
after possessed  by  the  Mayor  and  City  Council  of  Baltimore, 
or  any  department,  sub-department  or  official  thereof,  shall 
be  abrogated,  abridged  or  in  anywise  altered  by  the  provisions 
hereof,  except  in  so  far  as  the  exercise  of  the  same  in  the  annex 
portion  of  the  city  may  be  inconsistent  with  the  provisions  of 
this  Act ;  and  said  Commission  is  hereby  authorized,  as  its  work 
progresses,  to  turn  over  from  time  to  time,  in  its  discretion, 
such  complete  portion  of  said  work  as  it  may  see  fit  to  the  proper 
city  officials,  including  themselves  in  their  ordinary  capacity  as 
Commissioners  for  Opening  Streets,  and  upon  determination  of 
said  work  to  turn  over  records,  writings,  maps,  surveys,  reports 
and  papers,  and  all  property  and  effects  in  their  possession  to 
themselves  in  their  ordinary  capacity  as  Commissioners  for 
Opening  Streets,  to  be  by  them  preserved,  used  or  disposed  of  as 
may  be  lawful  and  proper.  The  Mayor  and  City  Council  of 
Baltimore  shall  prescribe  by  ordinance  the  methods  and  pro- 
ceedings for  the  sewerage  and  drainage  of  said  annex,  and  to 
provide  the  costs  and  expenses  of  the  same  out  of  any  fund, 
funds,  now  or  hereafter  available  for  that  purpose. 

1910,  ch.  736,  sec.  9. 

841s.  That  Ordinance  No.  151  of  the  Mayor  and  City  Coun- 
cil of  Baltimore,  approved  June  15,  1906,  entitled  '^An  Ordi- 
nance granting  the  Commissioners  for  Opening  Streets  further 
powers  and  duties  in  the  matter  of  grading,  paving  and  curbing 
streets,  avenues,  lanes  and  alleys  or  parts  thereof  in  the  annex, 


I 


515 

in  addition  to  the  powers  and  duties  expresslv  conferred  and 
imposed  upon  them  bv  the  provisions  of  Chapter  274,  of  the 
Acts  of  the  General  Assembly  of  Maryland  for  the  year  1904," 
and  Ordinance  21 G  of  the  Mayor  and  City  Council  of  Balti- 
more, approved  March  6,  190,"),  is  hereby  continued  with  like 
force  and  effect  as  if  the  same  had  been  ordained  after  the  pas- 
sage of  this  Act,  and  after  approval  by  the  people  of  the  loan 
hereby  authorized  and  the  rights  and  powers  by  said  ordinance 
conferred  and  the  provisions  thereof  and  the  procedure  therein 
prescribed  may  be  availed  of  by  the  Commission  hereby  created 
to  the  same  extent  as  if  said  Commission  were  expressly  named 
in  said  ordinance  but  said  ordinance  shall  be  subject  to  repeal, 
modification  or  amendment  by  the  Mayor  and  City  Council  of 
Baltimore  as  other  municipal  ordinances. 

1910.  cli.  736.  sec.  10. 

841 1.  That  any  and  all  moneys  collected  for  benefits  pur- 
suant to  the  exercise  of  any  of  the  powers  hereby  granted  shall 
be  placed  to  the  credit  of  the  special  fund  herein  provided  for, 
and  may  be  appropriated  and  expended  for  the  purpose  of 
this   Act. 

Anuex  Loan  Act  of  1904,  Chapter  274,  construed. 
City  V.   Flack,   104  Md.   107. 

PAVING  COMMISSION  AND  $5,000,000  PAVING 

LOAN. 

1906,  ch.  401,  sec.  1. 

841u.  The  Mayor  of  the  City  of  Baltimore  is  authorized 
to  appoint  in  the  manner  prescribed  by  section  25,  of  Article  4 
(entitled  "City  of  Baltimore")  of  the  Public  Local  Laws  of 
Maryland,  and  subject  to  the  condition  that  two  of  the  ap- 
pointees shall  be  members  of  the  minority  party  within  the 
meaning  of  section  30  of  said  Article,  five  capable  and  upright 
citizens  of  the  City  of  Baltimore,  who,  together  with  the  Mayor 
himself  ex-officio,  shall  constitute  a  Special  Commission,  to  be 
known  as  the  Paving  Commission  of  the  City  of  Baltimore,  and 
who  shall  continue  in  office  from  year  to  year  until  the  work  of 
said  Commission  under  this  Act,  as  limited  by  the  pecuniary 
provision  hereinafter  made  therefor,  has  been  completed.  If, 
however,  the  Second  Branch  of  the  City  Council  of  the  City  of 
Baltimore  shall  reject  three  several  and  successive  nominations 
by  the  ^layor  to  any  position  on  said  Commission,  he  shall 
be  empowered  to  make  an  appointment  thereto  without  its  con- 


516 

firmation.  All  persons  appointed  to  said  Commission  shall 
qualify  and  be  subject  to  removal  by  the  Mayor  (except  that 
there  shall  be  no  removal  at  any  time  save  for  cause  after 
charges  preferred)  as  prescribed  by  said  section  25  of  Article 
4  (entitled  "City  of  Baltimore")  of  the  Public  Local  Laws  of 
Maryland.  Any  member  of  said  Commission  may  at  any  time 
resign  therefrom  by  tendering  his  resignation  in  writing  to  the 
Mayor,  and  any  vacancy  in  said  Commission  occasioned  by  the 
resignation,  removal,  death  or  permanent  absence  from  this 
State  of  the  incumbent,  or  by  supervening  incapacity  upon  his 
part,  whether  physical  or  mental,  to  discharge  his  duties  or  by 
any  other  cause  operating  such  a  vacancy,  either  actually  or  in 
effect,  shall  be  filled  by  the  Mayor  in  the  manner  and  subject  to 
all  the  conditions  as  to  minority  representation,  qualification  and 
removal  hereinbefore  provided  for  as  to  original  appointees  to 
said  Commission.  All  the  members  of  said  Commission  except 
the  Chairman  thereof,  as  hereinafter  provided,  shall  serve  with- 
out compensation,  and  a  majority  of  said  members  shall  be  a 
lawful  quorum  for  the  transaction  of  business.  So  soon  as  the 
appointive  members  of  said  commission,  shall  have  qualified 
they  shall,  with  the  Mayor  acting  as  a  member  of  said  commis- 
sion, ex  officio,  organize  by  the  election  of  one  of  the  members  of 
said  Commission  as  Chairman  of  said  Commission,  who  shall 
be  removable  at  pleasure  by  said  Commission,  shall  receive  such 
compensation  as  it  may  determine,  not  exceeding  the  sum  of 
$2,500  per  annum,  and  shall  preside  over  the  meetings  of  said 
Commission  and  perform  such  other  duties  as  are  imposed 
upon  him  by  this  Act,  or  as  may  be  assigned  to  him  by  said 
Commission,  and  by  the  election  of  a  secretary,  not  a  member 
of  said  Commission,  who  shall  be  removable  at  pleasure  by  said 
Commission,  shall  receive  such  compensation  as  it  may  deter- 
mine, not  exceeding  the  sum  of  $1,500  per  annum  and  shall 
enter  in  a  well  bound  book  and  carefully  preserve  neat,  legible 
and  accurate  minutes  of  all  meetings  of  said  Commission,  and 
perform  such  other  duties  as  usually  appertain  to  the  oflice  of 
secretary  of  a  private  corporation,  or  as  are  imposed  upon  him 
by  this  Act,  or  as  may  be  assigned  to  him  by  said  Commission. 
All  sessions  or  meetings  of  said  Commission  shall  be  open  and 
public;  and  all  its  records  shall  be  public  records,  and  it  shall 
annually  make  to  the  Mayor  a  detailed  report  of  all  its  official 
transactions  and  expenditures. 

1906,  ch.  401,  sec.  2.     1908,  ch.  202. 
841v.     That  the  said  Commission  be  and  it  is  hereby  em- 


517 

powered  to  grade,  shell,  gravel,  macadamize,  pave  or  otherwise 
surface  and  curb ;  re-grade,  re-shell,  re-gravel,  re-macadamize, 
re-pave  or  otherwise  re-surface  and  re-curb,  according  to  such 
general  and  comprehensive  plan  or  plans  in  the  premises  as  may 
be  adopted  bv  it,  all  such  public  lanes,  alleys,  avenues,  streets 
or  highways,  or  all  such  parts  thereof  in  the  City  of  Baltimore, 
as  in  the  judgment  of  the  said  Commission  should  be  so 
graded,  shelled,  gravelled,  macadamized,  paved  or  otherwise  sur- 
faced and  curbed,  re-graded,  re-shelled,  re-graveled,  re-maca- 
damized, re-paved  or  otherwise  re-surfaced  or  re-curbed.  And 
at  the  election  of  said  Commission  to  assess  the  cost  of  any  such 
work,  in  whole  or  in  part,  upon  the  property  binding  upon  such 
public  lanes,  alleys,  avenues,  streets  or  highways,  according 
to  such  mode  of  procedure  as  shall  be  prescribed  by  the  flavor 
and  City  Council  of  Baltimore  by  ordinance  or  ordinances, 
which  ordinance  or  ordinances  the  Mayor  and  City  Council  of 
Baltimore  is  hereby  empowered  to  pass ;  provided,  however, 
that  reasonable  notice  and  opportunity  to  be  heard  shall  be 
required  by  the  Mayor  and  City  Council  of  Baltimore  to  be 
given,  and  shall  be  given  by  said  Commission  to  all  persons 
interested  before  the  final  ascertainment  of  the  amount  of 
assessment  to  be  paid  by  any  such  property ;  and  provided,  how- 
ever, further,  that  provision  shall  be  made  by  the  Mayor  and 
City  Council  of  Baltimore  for  the  right  of  appeal  to  the  Balti- 
more City  Court,  including  the  right  of  appeal  to  the  Court 
of  Appeals,  by  any  person  or  persons  interested,  including  the 
city  itself,  from  the  decision  of  said  Commission  in  deter- 
mining the  amount  of  assessment  to  be  paid  by  any  such  prop- 
erty ;  the  assessment,  as  finally  determined,  shall  be  payable  at 
such  times  and  in  such  proportions,  and  shall  bear  such  rate 
of  interest  as  the  Mayor  and  City  Council  of  Baltimore  shall 
by  ordinance  provide,  and  shall  be  liens  from  the  date  of  their 
final  determination  on  the  parcels  of  said  property  upon  which 
said  assessment  shall  be  respectively  assessed  in  the  same  way 
that  other  city  taxes  in  the  City  of  Baltimore  are  now  liens, 
and  shall  be  collected  and  enforced  as  other  city  taxes  in  the 
City  of  Baltimore  are  now  collected  and  enforced,  or  in  such 
other  manner  as  the  Mayor  and  City  Council  of  Baltimore  shall 
prescribe.  All  money,  when  and  as  derived  from  said  assess- 
ments, and  all  interest  thereon  shall  be  at  once  placed  to  the 
credit  of  the  fund  styled  by  this  Act  as  the  New  Paving  Fund, 
and  shall  be  available  from  time  to  time  to  defray  the  cost 
of  the  works  authorized  by  this  Act,  to  the  same  extent  as  the 
original  proceeds  derived  from  the  sale  of  stock  authorized  by 


518 

this  Act  are  available.  The  said  Commission  shall  be  clothed 
with  each  and  every  and  all  powers  which  may  be  necessary 
or  proper  for  these  purposes  or  either  of  them,  among  which 
powers  shall  be  the  following,  that  is  to  say,  1.  To  make  all 
such  preliminary  investigations  and  to  do  all  such  preliminary 
work  as  should,  in  its  judgment,  precede  the  adoption  by  it  of 
a  plan  or  plans  of  street  improvement  under  this  Act.  2.  To 
adopt  such  plan  or  plans  of  street  improvement  under  this  Act 
as  it  may  deem  best  calculated  to  promote  the  object  of  this 
Act.  3.  To  do  all  such  grading  or  re-grading,  and  to  lay,  con- 
struct or  create  all  such  pavements  or  other  street  surface  im- 
provements as  it  may  deem  expedient  for  carrying  said  plan  or 
plans  of  street  improvement  into  full  effect ;  and  to  select  in  its 
exclusive  discretion,  such  kind  of  paving  or  other  street  surface 
improvement  material  as  it  may  deem  best ;  provided,  however, 
that  where  the  plans  of  the  Sewerage  Commission  of  Baltimore 
City  provides  for  sewerage  arrangements  in  any  street,  the 
said  street  shall  not  be  newly  paved  with  improved  pavement 
until  all  such  sewerage  arrangements  have  been  finally  com- 
pleted in  the  bed  thereof.  4.  To  incorporate  wath  said  plan 
or  plans  of  street  improvement,  or  otherwise  utilize  for  the  pur- 
pose of  this  Act,  so  far  as  it  may  deem  expedient,  any  or  all 
existing  public  pavements  or  street  surface  improvements  in 
the  City  of  Baltimore,  either  in  their  present  condition  or  with 
such  repairs,  modifications  or  changes  as  the  said  Commission 
may  see  fit  to  make ;  and  to  condemn,  take  up  and  remove, 
in  its  discretion,  any  or  all  such  existing  public  pavements  or 
street  surface  improvements,  and  to  substitute  therefor  such 
other  pavements  or  street  surface  improvements  as  it  may  deem 
proper.  5.  To  appoint  or  employ  professional  or  technical 
advisers  and  experts,  and  such  agents,  assistants,  clerks,  em- 
ployes and  laborers,  skilled  or  unskilled  of  all  kinds,  as  it  may 
deem  requisite  for  the  due  and  proper  execution  of  the  duties 
devolved  upon  it  by  this  Act,  or  any  of  them,  and  to  fix  their 
respective  compensations  and  to  remove  or  discharge  them  at  its 
pleasure  (except  such  highly  trained,  experienced  or  skilled  in- 
dividuals as  it  may  agree  to  appoint  or  employ  upon  special 
terms  for  definite  and  fixed  periods  of  time) ,  and  to  exact  from 
them  such  indemnity  bonds  for  the  proper  performance  of  their 
respective  duties  as  it  may  deem  proper;  provided,  however, 
that  the  chief  engineer  of  such  Commission  under  this  Act 
shall  be  the  City  Engineer,  6.  To  frame,  publish  and  enforce 
such  reasonable  rules  and  regulations  for  its  own  government, 
and  for  the  supervision,  protection,  management  and  conduct  of 


519 

its  work  as  it  may  deem  expedient.  7.  To  make  and  enter 
into  in  the  name  and  on  behalf  of  the  Mayor  and  City  Council 
of  Baltimore  any  and  all  contracts,  agreements  or  stipulations 
germane  to  the  scope  of  its  duties  and  powers  under  this  Act. 
S.  To  purchase,  hire  or  otherwise  lawfully  obtain  the  use  of  all 
such  machinery,  tools,  implements,  appliances,  supplies,  ma- 
terials and  working  agencies  as  it  may  need  for  its  purposes ; 
provided,  however,  that  this  enumeration  of  special  powers 
shall  not  be  construed  as  restricting  in  any  degree  the  scope 
of  the  general  powers  hereinbefore  conferred  upon  said  com- 
mission. 

190G.  ch.  401,  sec.  3.     1908,  cli.  202. 

841w.  That  the  Mayor  and  City  Council  of  Baltimore, 
acting  by  and  through  the  agency  of  said  Commission,  may 
acquire  by  gift,  purchase  or  other  like  method  of  acquisition,  or 
by  arbitration,  or  by  condemnation,  any  private  property,  rights 
or  interest,  individual,  railway  or  other  corporate  franchises 
or  easements  that  may  exist  in  any  part  or  parts  of  any  of  the 
beds  of  any  of  the  public  lanes,  alleys,  avenues,  street,  or  high- 
ways hereinbefore  mentioned ;  and  that  said  Commission  may 
require  for  the  purpose  of  giving  full  effect  to  the  objects  of 
this  Act,  and  when  and  so  often  as  resort  sluiH  be  had  to  con- 
demnation proceedings,  the  procedure  shall  be  such  as  may 
now  or  at  any  time  hereafter  be  provided  for  by  any  lawful 
ordinance  or  ordinances  of  the  Mayor  and  City  Council  of  Bal- 
timore, adopted  pursuant  to  the  powers  conferred  upon  it  by 
section  6,  Article  4  (entitled  "City  of  Baltimore")  of  the 
Code  of  Public  Local  Laws  of  Maryland,  title  ''General  Pow- 
ers," sub-title  ''Condemnation  of  Property,"  for  the  condemna- 
tion of  any  land  or  property  or  interest  therein  situated  wholly 
or  partly  within  the  City  of  Baltimore,  or  such  as  may  be  pro- 
\ided  for  the  very  purpose  by  any  lawful  ordinance  or  ordi- 
nances of  the  Mayor  and  City  Council  of  Baltimore,  which  said 
ordinance  or  ordinances  the  Mayor  and  City  Council  of  Balti- 
more is  hereby  fully  authorized  to  adopt ;  provided,  pi-ovision 
is  made  therein  for  reasonable  notice  to  the  owner  or  owners, 
and  for  appeals  to  the  Baltimore  City  Court,  including  the  right 
of  appeal  to  the  Court  of  Appeals  by  any  person  interested,  in- 
cluding the  Mayor  and  City  Council  of  Baltimore,  from  the 
decision  of  any  Commissioners  or  other  persons  appointed  to 
value  any  such  private  property,  rights  or  interests,  individual, 
railway  or  other  corporate  franchises  or  easements. 


520 

1906,  ch.  401,  sec.  4. 

841x.  All  individuals  and  corporations  lawfully  having 
buildings,  structures,  works,  conduits,  drains,  mains,  pipes, 
tracks  or  other  physical  obstructions  in,  over  or  under  the  public 
lanes,  alleys,  avenues,  streets  or  highways  of  the  City  of  Balti- 
more, which  shall  block  or  impede  the  progress  of  the  work  of 
said  Commission  when  under  way,  shall  upon  reasonable  notice 
from  said  Commission,  promptly  so  shift,  adjust,  accommodate 
or  remove  the  same,  at  their  own  cost  and  expense,  as  to  fully 
meet  the  exigencies  occasioning  such  notice ;  and  if  any  indi- 
vidvial  or  corporation  shall  refuse,  neglect  or  fail,  after  such 
reasonable  notice,  to  discharge  any  duty  cast  upon  him  or  it  by 
this  section,  he  or  it  shall,  in  addition,  but  not  in  substitution 
for  any  other  remedy  or  remedies  that  said  Commission  or  the 
Mayor  and  City  Council  of  Baltimore  may  have  in  the  premises, 
be  subject  to  a  fine  of  one  hundred  ($100)  dollars  for  each 
and  every  such  offense,  and  also  to  an  additional  fine  of  fift}^ 
($50)  dollars  a  day  for  every  day  that  said  refusal,  neglect  or 
failure  shall  continue,  said  fines  to  be  collected  as  other  fines 
in  the  City  of  Baltimore  are  collected,  and  should  the  exigencies 
of  said  Commission  and  its  work  in  any  cause  involve  a  taking, 
in  the  constitutional  sense,  of  the  franchise  or  right,  in  the 
exercise  of  which  such  obstruction  had  its  origin,  the  Mayor  and 
City  Council  of  Baltimore  shall  be  empowered  to  secure  the 
condemnation  of  such  franchise  or  right  in  the  manner  provided 
for  in  section  3  of  this  Act. 

1906,  ch.  401,  sec.  5. 

841y.  All  work  done,  or  supplies  or  materials  purchased, 
in  carrying  out  the  purposes  of  this  Act,  when  involving  an 
expenditure  of  five  hundred  ($500)  dollars  or  more,  shall  be 
by  contract  awarded  to  the  lowest  responsible  bidder,  in  ac- 
cordance with  the  provisions  of  sections  14  and  15  of  Article  4 
(entitled  ''City  of  Baltimore")  of  the  Public  Local  Laws  of 
Maryland ;  provided,  however,  that  said  Commission  shall  be 
empowered,  if  it  see  fit,  to  insert  in  the  specifications  for  any 
such  work  reasonable  and  lawful  conditions  as  to  hours  of 
labor,  wages  and  the  residence  or  character  of  workmen  to  be 
employed  by  the  contractors,  and  especially  so  far  as  it  may  be 
practicable  in  the  judgment  of  said  Commission,  such  reasona- 
ble and  lawful  conditions  as  will  tend  to  confine  employment 
on  such  work,  in  whole  or  in  part,  to  permanent  and  hona  fide 
residents  of  the  State  of  Maryland  only ;  and  provided,  however, 
also,  that  said  Commission  with  the  consent  of  all  its  members, 


521 

may  itself  do  any  part  or  parts  of  any  such  work,  under  such 
conditions  in  every  respect  as  it  may  prescribe,  by  day  labor, 
whenever  the  Chief  Engineer  in  writing  shall  recommend  that 
course;  provided,  however,  that  in  that  event  said  Commis- 
sion shall  among  its  other  powers  in  the  premises,  be  empowered 
to  devise,  publish  and  enforce  such  rules  and  regulations  as 
will  make  merit  and  personal  fitness,  ascertained  by  some  sys- 
tem of  open  competition  or  registration,  or  both,  the  sole  tests 
of  eligibility  for  all  positions  or  employments  under  its  control, 
which  it  may  see  fit  to  embrace  wdthin  the  scope  of  said  rules 
and  regulations,  which,  however,  may  be  limited  to  permanent 
and  bona  fide  residents  of  this  State  in  any  particular.  Any 
and  all  bids  or  parts  of  bids  for  any  such  work  or  supplies  or 
materials  may  be  rejected. 

1906,  ch.  401,  sec.  6.     190S,  ch.  202. 

841z.  That  in  order  to  provide  money  for  the  work  to  be 
done  by  said  Commission  under  this  Act,  as  and  when  portions 
of  such  work  are  from  time  to  time  being  done,  the  Mayor  and 
City  Council  of  Baltimore  is  hereby  authorized  to  issue  the 
stock  of  said  corporation  to  an  amount  not  exceeding  $5,000,000, 
said  stock  to  be  issued  from  time  to  time  and  in  such  amounts 
as  the  Mayor  and  City  Council  of  Baltimore  shall  by  ordinance 
prescribe;  provided,  however,  that  not  more  than  $1,000,000 
of  said  stock  shall  be  issued  in  any  one  year,  and  to  be  pay- 
able at  such  times  and  to  bear  such  rate  or  rates  of  interest 
as  the  Mavor  and  Citv  Council  of  Baltimore  shall  bv  ordinance 
provide ;  said  amounts  of  stock  shall  be  sold  and  issued  by  the 
Commissioners  of  Finance  of  the  City  of  Baltimore  at  the 
best  prices  obtainable  in  their  judgment  therefor,  and  any 
premiums  derived  from  the  sale  thereof  shall  remain  in  their 
hands  as  parts  of  the  sinking  fund  hereinafter  mentioned ;  the 
residue  of  the  money  received  from  the  sale  of  said  amounts 
of  stock  shall  be  turned  over  by  them  to  the  Comptroller,  to 
be  by  him  deposited  with  the  City  Register  and  to  be  placed  to 
the  credit  of  a  fund  to  be  known  as  the  "New  Paving  Fund," 
which  shall  be  exclusively  applicable  to  the  cost  of  the  work 
authorized  by  this  Act  and  shall  be  chargeable  with  no  other 
items  of  cost  or  expense  whatsoever.  Appropriations  for  the 
cost  of  said  work,  based  upon  the  estimates  of  said  Commis- 
sion, shall  be  annually  included  by  the  Board  of  Estimates, 
in  the  usual  way,  in  the  ordinance  of  estimates ;  and  upon  the 
written  requisitions,  supported  by  proper  vouchers  of  the  chair- 
man of  said  Commission,  or  of  the  chairman  pro  tempore  of 


522 

said  Commission,  countersigned  by  the  secretary  of  said  Com- 
mission, or  by  the  secretary  pro  tempore  of  said  Commission, 
either  of  which  temporary  officers  said  Commission  is  hereby 
authorized  to  appoint,  by  vote  or  resolution,  in  the  event  of 
the  absence,  sickness  or  other  disability  for  the  time  being  of 
its  chairman  or  secretary,  respectively,  the  Comptroller  shall 
draw  his  warrants  upon  the  City  Register,  payable  out  of  such 
appropriations  from  said  special  fund  for  the  amounts  of  all 
items  of  cost  or  expense  properly  chargeable  upon  said  special 
fund ;  but  no  part  of  said  stock  shall  be  issued,  nor  any  mem- 
ber of  said  Commission  appointed,  until  the  ordinance  of  the 
Mayor  and  City  Council  of  Baltimore  providing  for  the  is- 
suance thereof  shall  be  submitted  to  the  legal  voters  of  the 
City  of  Baltimore  at  such  time  and  place  as  may  be  fixed  by 
said  ordinance,  and  be  approved  by  a  majority  of  the  votes  cast 
at  such  time  and  place  as  required  by  section  7  of  Article  11  of 
the  Constitution  of  Maryland ;  if  issued  pursuant  to  such  ap- 
proval, the  Mayor  and  City  Council  of  Baltimore  shall  levy  in 
each  and  every  year,  upon  all  property  liable  to  taxation  in 
the  City  of  Baltimore,  a  sum  sufficient  to  pay  the  interest  ac- 
cruing on  said  amounts  of  stock  and  to  create  a  sinking  fund 
sufficient,  with  the  aid  of  any  premiums  on  the  sale  thereof,  to 
redeem  said  amounts  of  stock  at  their  respective  dates  of 
maturity. 

841aa.  Formerly  841q.  Repealed  bv  Act  of  1008,  Chapter 
202. 

1906,  ch.  401,  sec.  8. 

841bb.  The  Mayor  and  City  Council  of  Baltimore  is  like- 
wise authorized  to  impose  upon  all  street  railway  companies 
occupying  with  their  tracks  parts  of  the  beds  of  streets,  ave- 
nues or  other  highways  in  the  City  of  Baltimore  upon  which 
work  shall  be  done  under  this  Act  of  the  obligation  to  pay  for 
said  work  so  far  as  the  same  shall  be  done  between  the  rails  of 
their  said  tracks  and  for  a  space  of  two  feet  on  either  side 
thereof,  and  the  Mayor  and  City  Council  of  Baltimore  is  further 
authorized  to  enforce  said  obligation  by  all  such  appropriate 
agencies,  means,  processes,  proceedings  and  remedies  as  it  may 
ordain  for  the  purpose ;  but  nothing  in  this  Act  shall  be  taken 
as  in  anywise  relieving  any  such  company  or  any  other  cor- 
poration or  person  from  any  obligations  in  itsor  his  relations 
to  the  public  highways  of  the  City  of  Baltimore  now  cast  upon 
it  or  him  by  law. 


523 

Act  of  1906.  Chapter  401.  does  not  authorize  the  putting  of  the  cost  of 
repaying  in  the  railway  area  on  the  Railway  Company. 

United    Railways   v.    Baltimore.    121    Md.    552. 
Power  of  the  Legislature  by  proper  Act  to  do  so  not  passed  on. 

Ibid.  121  Md.  559. 

1906.  oh.  401.  sec.  9. 

841ee.  While  the  work  authorized  bv  this  Act  is  being  done 
by  said  Commission  the  respective  duties  and  powers  of  tlie 
City  Engineer  and  Commissioner  of  Street  Cleanino-  and  other 
city  officials  in  their  relations  to  the  pavements  and  other  street 
surface  improvements  of  the  City  of  Baltimore  shall,  subject 
to  the  duties  and  powers  hereby  conferred  upon  said  Commis- 
sion, continue  as  at  present,  and  said  Commission  shall  be  auth- 
orized as  its  work  progresses  to  turn  over  from  time  to  time,  in 
its  discretion,  such  completed  portions  of  said  work  as  it  may 
see  fit  to  the  charge,  superintendence  and  control  of  the  proper 
city  officials.  When  its  work  under  this  Act  has  been  completed 
the  life  of  said  Commission  as  originally  appointed  and  as  sub- 
sequently recruited  by  appointments  to  occasional  vacancies, 
if  any,  shall  come  to  an  end,  and  the  pavements  and  other 
street  surface  improvements  constructed  or  made  by  it,  so  far 
as  they  have  not  already  been  surrendered  to  the  charge,  super- 
intendence and  control  of  said  officials,  shall  be  then  so  surren- 
dered, and  at  the  same  time  all  the  records,  writings  and  papers 
of  said  Commission  shall  be  delivered  up  to  the  City  Librarian ; 
to  be  preserved  in  his  office,  and  all  property  and  effects  in  its 
possession  belonging  to  the  city  to  the  Comptroller,  to  be  dis- 
posed of  by  him  as  may  be  provided  by  ordinance. 

1906.  ch.  401.  sec.  10. 

841dd.  The  Act  of  the  General  Assembly  of  Maryland  en- 
titled *'An  Act  to  authorize  the  ]\Iayor  and  City  Council  of  Bal- 
timore to  issue  its  certificates  of  stock  to  an  amount  not  exceed- 
ing Five  ]\Lillion  Dollars  ($5,000,000)  for  the  purpose  of 
providing  the  money  to  pay  at  the  time  of  doing  the  work,  the 
portion  of  the  cost  and  expenses  of  grading,  paving  and  curbing 
the  streets,  lanes  and  alleys  of  the  City  of  Baltimore,  assessa- 
ble upon  the  property  benefited  thereby,  and  for  the  reimburse- 
ment of  the  Vjity  of  Jniltiniore  in  respect  thereto  out  of  the 
money  derived  from  said  assessments"  and  approved  April  7, 

1900,  is  hereby  repealed. 

This  loan  valid.     Certain  discictioii  as  to  the  amount  of  interest  may 
be  delegated. 

Bond   V.   I'.altiniore.   lis   Md.   KiO. 


524 
STKEET  DIRT,   SWEEPINGS  AND  GARBAGE. 

1902,  ch.  327. 
841ee.  The  Mayor  and  City  Council  of  Baltimore  is  hereby 
authorized  to  enter  into  an  agreement  with  the  United  Railways 
and  Electric  Company  of  Baltimore,  or  any  person,  company 
or  corporation,  for  the  carriage  and  disposal  from  proper  places 
that  may  be  agreed  upon  for  transportation  on  the  cars  of  said 
Company  for  final  disposition  at  proper  places  situated  on  or 
near  its  system  of  tracks  in  this  State  of  such  street  sweepings, 
dirt,  ashes  and  garbage  as  may  be  collected  by  the  Mayor  and 
City  Council  of  Baltimore,  or  its  duly  constituted  employes  and 
agents  and  delivered  to  said  United  Railways  and  Electric 
Company  of  Baltimore  for  final  transportation  at  such  places  as 
may  be  agreed  upon,  on  such  terms  and  conditions  as  may  be 
agreed  upon  between  the  Mayor  and  City  Council  of  Baltimore, 
and  the  United  Railways  and  Electric  Company  of  Baltimore 
or  any  person,  company  or  corporation ;  and  should  the  M  ay  or 
and  City  Council  of  Baltimore  by  ordinance  provide  for  the 
collection  of  street  dirt,  sweepings,  garbage  and  ashes  by  other 
persons  than  the  duly  constituted  officers  or  employes  of  said 
City  of  Baltimore,  then  said  other  person  or  persons  shall  have 
the  same  right  to  enter  into  an  agreement  for  the  final  trans- 
portation of  said  street  sweepings,  dirt,  garbage  and  ashes  as 
mentioned  aforesaid ;  provided,  however,  that  nothing  in  this 
Act  shall  be  construed  to  confer  any  right  upon  the  Mayor  and 
City  Council  of  Baltimore  to  contract  with  said  United  Rail- 
ways and  Electric  Company  of  Baltimore,  or  any  person,  com- 
pany or  corporation,  for  the  collection  of  street  sweepings,  ashes 
and  garbage  from  the  streets,  lanes,  alleys  and  other  ways  of 
the  said  City  of  Baltimore,  but  shall  simply  apply  to  the  final 
transportation  and  disposal  of  said  street  sweepings,  dirt,  gar- 
bage and  ashes  from  certain  specified  places  to  the  final  disposi- 
tion as  heretofore  mentioned ;  provided,  further,  that  the  cars, 
boxes,  bins,  houses  or  receptacles  in  which  said  street  sweepings^ 
dirt,  garbage  and  ashes  are  deposited  and  retained  awaiting 
final  disposition,  and  the  cars,  boxes,  bins,  or  other  receptacles 
in  which  said  street  sweepings,  dirt,  garbage  and  ashes  may, 
should  or  are  to  be  transported  from  said  place  of  deposit  to 
the  place  of  final  disposition  shall  be  closed  and  covered  in  such 
manner  as  may  be  provided  for  by  the  JMayor  and  City  Council 
of  Baltimore,  and  shall  only  be  transported,  conveyed  and  car- 
ried from  said  places  of  deposit  to  the  final  disposition  through 
the  streets  of  said  city  only  between  the  hours  of  one  and  five 
o'clock  A.  M. 


525 
SPECIAL  PAVING  TAX. 

1912.  ch.  688,  sec.  1. 
841ff.  That  there  is  hereby  levied  and  imposed  upon  prop- 
erty in  the  City  of  Baltimore  specially  benefited  by  improved 
paving  (said  property  being  hereinbelow  specified),  a  special 
paving  tax  of  the  amount  hereinbelow  specified,  said  tax  to  con- 
tinue as  to  each  property  for  ten  years  from  the  time  it  attaches 
thereto,  and  the  entire  proceeds  thereof  to  be  used  for  improved 
paving  in  Baltimore  Cit}^,  as  hereinbelow  provided. 

1912,  ch.  688,  sec.  2. 

841gg.  CLASSIFICATION.  That  for  the  purposes  of 
this  Act  all  landed  property  in  Baltimore  City  adjoining  or 
abutting  upon  any  public  highway  which  has  been  or  shall 
hereafter  be  paved  with  improved  paving  without  special  assess- 
ment of  an}'  part  of  the  cost  upon  the  abutting  or  adjoining 
property  owners  by  the  City  of  Baltimore  or  the  State  Roads 
Commission,  or  other  public  commission  or  agency,  or  by  said 
city,  and  such  commission  or  agency,  or  by  either  or  both,  and 
any  railroad  or  railway  company  occupying  with  tracks  a  por- 
tion of  such  highway,  is  hereby  declared  to  be  specially  bene- 
fited by  such  improved  paving  to  an  extent  greater  than  the 
entire  amount  of  the  special  tax  hereby  levied  thereon.  Said 
property  so  benefited  is  hereby  divided  into  three  classes,  to  be 
designated  as  Classes  A,  B  and  C. 

Class  A  shall  include  all  such  landed  property  in  the  City 
of  Baltimore  adjoining  or  abutting  upon  a  public  highway 
paved  with  improved  paving  and  having  a  width  of  not  less 
than  thirty  feet  so  paved. 

Class  B  shall  include  all  such  landed  property  in  the  City  of 
Baltimore  adjoining  or  abutting  upon  any  public  liighway 
paved  with  improved  paving  and  having  a  width  of  less  than 
thirty  feet  and  not  less  than  fifteen  feet  so  paved. 

Class  C  shall  include  all  such  landed  property  in  the  City  of 
Baltimore  adjoining  or  abutting  upon  any  public  highway 
paved  with  improved  paving  and  having  a  width  of  less  than 
fifteen  feet  so  paved. 

The  Appeal  Tax  Court  of  Baltimore  is  hereby  authorized  and 
directed  to  proceed  forthwith  to  classify  and  list  for  taxes  as 
provided  by  this  Act  for  the  year  1913  all  landed  property 
in  the  City  of  Baltimore  which  on  the  first  day  of  jSTovcnibor, 
1912,  was  in  the  situation  to  come  under  the  requirements  of 
either  of  said  classes ;  and  thereafter  on  the  first  day  of  Novem- 
ber of  everv  vear,  and  as  soon  thereafter  as  mav  convenientlv 


526 

be  done,  tliey  shall  add  to  said  lists  all  landed  property  which 
during  the  preceding  year  shall  have  come  under  either  of  said 
classes.  The  said  Court  may  classify  property  under  this  Act 
as  soon  as  it  meets  the  requirements  thereof,  but  the  special 
paving  tax  thereon  shall  not  attach  until  the  year  following  such 
classification. 

Before  classifying  and  listing  any  property  under  the  special 
tax  hereby  provided,  the  said  Appeal  Tax  Court  shall  give 
notice  to  the  owner  of  the  said  property,  designating  a  certain 
time  when  said  owner  may  appear  before  said  Court  and  be 
heard  in  reference  to  the  liability  of  said  property  for  said  tax, 
and  the  class  to  which  it  properly  belongs.  All  the  provisions 
of  existing  laws  relating  to  notice  to  be  given  by  the  Appeal  Tax 
Court  before  changing  the  classihcation  of  property  under  the 
Act  of  1908,  Chapter  286,  and  to  appeals  from  the  actions  of 
the  Appeal  Tax  Court  thereunder,  shall  be  applicable  to  the 
notice  to  be  given  by  the  Appeal  Tax  Court  and  to  the  right  of 
appeal  from  their  actions  under  this  Act.  After  having  given 
such  owner  reasonable  notice  and  opportunity  to  be  heard,  as 
herein  provided,  the  Appeal  Tax  Court  shall  proceed  to  make 
the  classification  as  herein  provided,  and  shall  certify  their 
actions,  in  making  classifications  of  property  for  the  special  tax 
provided  by  this  Act,  to  the  City  Collector  in  the  same  manner 
as  in  cases  of  classifications  of  real  and  leasehold  property  in 
the  Annex  for  the  different  rates  of  taxation  as  provided  under 
the  Act  relating  thereto ;  and  the  said  City  Collector  shall  add 
said  special  tax  to  the  tax  bill  of  the  property  as  a  separate  item, 
to  be  called  "Special  Paving  Tax,"  and  shall  collect  the  same 
in  the  same  manner  as  ordinary  taxes  on  real  estate  are  collected. 
All  the  provisions  of  existing  laws  and  ordinances,  and  any 
amendment  or  amendments  thereto,  relating  to  the  lien  of,  dis- 
counts, interest  and  penalty  or  other  charges  upon  the  ordinary 
taxes  on  real  estate,  and  the  powers  and  duties  of  the  City 
Collector  in  regard  to  the  collecting,  keeping  accounts  of,  ac- 
counting for,  and  depositing  such  taxes,  shall  apply  to  the 
special  tax  herein  provided  for,  except  where  inconsistent  with 
some  provision  of  this  Act.  On  the  first  day  of  every  month, 
or  next  legal  day  if  the  first  be  Sunday  or  a  holiday,  the  City 
Collector  shall  account  for  and  pay  over  to  the  Comptroller, 
to  be  by  him  deposited  with  the  City  Kegister  and  to  be  placed 
to  the  credit  of  the  new  paving  fund  provided  for  in  the  Acts 
of  1906,  Chapter  401,  and  1008,  Chapter  202,  and  to  be  exclu- 
sively applicable  to  the  cost  of  the  work  authorized  by  said  acts 
or  by  any  amendment  or  amendments  thereof,  all  the  proceeds 


527 


of  the  special  tax  herein  levied  which  he  shall  have  collected 
during  the  preceding  month. 

1912,  ch.  688,  sec.  3. 
841hh.  DEFINITIOI^S.  That  ''improved  paving"  as  nsed 
in  this  Act,  shall  mean  anv  substantial  smooth  paving  above  the 
grade  of  ordinary  macadam,  and  shall  include  granite  or  bel- 
gian  blocks,  vitrified  brick  or  blocks,  wood  blocks,  asphalt  or 
concrete  blocks,  sheet  asphalt,  bitulithic,  bituminous  macadam 
and  bituminous  concrete.  ''Paved''  shall  include  repaved  as 
to  any  public  highway,  not  theretofore  paved  with  improved 
paving;  and  "Landed  Property"  shall  mean  real  estate  Avhether 
in  fee  simple  or  leasehold  and  whether  improved  or  unim- 
proved. 

1912,  ch.  688,  sec.  4. 
841ii.  That  the  amount  of  the  special  paving  tax  herein- 
levied  shall  be  as  follows:  On  all  property  embraced  in  Class 
A,  fifteen  cents  (15c.)  per  year  per  front  foot  or  lineal  foot 
adjoining  or  abutting  upon  the  public  highway.  On  all  prop- 
erty embraced  in  Class  B,  ten  cents  (10c.)  per  year  per  front 
foot  or  lineal  foot  adjoining  or  abutting  upon  the  public  high- 
way. On  all  property  in  Class  C,  five  cents  (5c.)  per  year  per 
front  foot  or  lineal  foot  adjoining  or  abutting  upon  the  public 
highway.  Provided,  however,  that  in  the  case  of  any  corner 
property  or  property  used  only  as  a  private  dwelling  adjoining 
or  abutting  upon  two  public  highways,  one  in  front  and  the 
other  on  the  side,  two-thirds  of  the  number  of  lineal  feet  of 
said  property  abutting  on  the  highway  on  the  side  shall  be 
exempt  from  any  tax  under  this  Act.  As  to  all  corner  property 
other  than  private  dwellings  one-half  of  the  number  of  lineal 
feet  of  said  property  abutting  on  the  highway  on  the  side  shall 

be  exempt  from  any  tax  under  this  Act. 

This  Act  valid.     Special  assessments  may  be  levied  for  improveraenis 
previously  made. 

Leser  v.  Warner,  119  Md.  671. 
Legislature  may  impose  the  cf»st  of  improving  a  street  on  the  Jibuti ing 
I)roperty  by  the  front  foot  rule.    Legislative  determination  that  property 
specially  benefited  binding  if  any  reasonable  ground  to  supi)ort  it. 
Bassett  v.  Ocean  City.  US  Md.  115. 

SURVEYOK. 

p.  C.  L.,   (1860)   Art.  37,  sec.  48.     P.  L.  L.,    (1860)    Art.  4,  sec.  865. 
P.  L.  L.,    (1888)    Art.  4.  sec.  826. 

842.     A  copy  of  the  plat  of  the  City  of  Baltimore  from  the 


528 

record  thereof  in  the  Mayor's  office,  or  from  the  record  thereof 
in  the  office  of  the  Clerk  of  the  Superior  Court  of  Baltimore 
City,  duly  certified  under  seal  by  the  keeper  of  such  records, 
respectively,  shall  be  evidence. 

TAXES. 

Limitations. 
1S61,  ch.  94.     p.  L.  I..,    (18SS)   Art.  4,  sec.  840. 

843.  All  taxes  now  levied,  or  which  hereafter  may  be  levied 
in  the  City  of  Baltimore,  shall  be  collected  within  four  years 
from  the  levying  of  the  same;  and  the  collection  of  taxes  shall 
not  be  enforced  by  law  after  the  lapse  of  said  four  years,  and 
the  party  from  whom  said  taxes  may  be  demanded  may  plead 
this  section  in  bar  of  any  recovery  of  the  same.  Any  person 
enforcing  or  attempting  to  enforce  the  collection  of  any  tax 
after  the  lapse  of  four  years,  shall  be  liable  to  a  penalty  of 
twenty  dollars  for  each  and  every  offence,  recoverable  before  a 
Justice  of  the  Peace,  in  the  name  of  the  State,  one-half  to  the 

informer,  the  other  half  to  the  City  of  Baltimore. 

M.  &  C.  C.  of  Balto.  V.  rireenmount  Cemetery.  7  Md.  .517.  Guiitlier  v. 
Mayor,  55  Md.  457.  Gould  v.  Mayor,  etc..  58  Md.  46;  59  Md.  378.  Hebb 
V.  Moore,  66  Md.  167.  Perkins  v.  Dyer,  71  Md.  422.  Condon  v.  Maynard, 
71  Md.  604.  Baden  v.  Perkins.  77  Md.  465.  Duval  v.  Perkins,  77  Md. 
591.  Baldwin  v.  State,  use  of  Hull,  89  Md.  587.  B.,  C.  &  A.  R.  R.  Co. 
V.  Wicomico  Co.,  93  Md.  113. 

TENANT  FOR  YEARS  OR  LESS  OR  AT  WILL. 

I'.  L.  L.,   (1860)   Art.  4,  sec.  882.     P.  L.  L.,   (1888)   Art.  4,  sec.  857. 

844.  Where  any  lands  or  tenements  in  the  City  of  Baltimore 
are  held  from  year  to  year,  the  tenancy  shall  be  terminated  if 
the  lessor  give  to  the  tenant  ninety  days'  notice  before  the  end 
of  the  year. 

Biggs  V.  Stueler.  93  Md.  100. 

See  notes  of  decisions  in  relation  to  sections  844  to  864,  inclusive,  of 
this  Article,  on  pages  1099  to  1103,  inclusive,  City  Code,  (1879). 

Landlord  and  Tenant.  Ninety  days'  notice  was  given  by  a  landlord 
to  a  tenant  at  will.  This  notice  held  sufficient.  McElroy  v.  Wright, 
Daily  Record,  March  7.  1889.  The  renting  of  a  tenement  for  an  indefinite 
time,  and  an  occupation  thereof  for  a  year,  constitute  a  tenancy  for  a 
year. — Lutz  v.  Lutz,  Daily  Record.  July  9.  1889.  Where  the  tenant 
enters  under  a  void  lease,  he  will  he  held  liable  under  a  verbal  agree- 
ment of  similar  import  as  to  terms  to  that  expressed  in  writing.  Ehrman 
v.  Lyman,  Daily  Record.  July  18,  1889.  An  assignee  of  a  leasehold 
estate  is  liable  for  the  rent  which  accrued  after  he  executed  an  assign- 
ment of  the  term  and  before  the  same  was  recorded.     See,  able  opinion 


,     \ 


529 

of  Judge  Duffy  iu  this  case,  affirmed  in  75  Md.,  page  174.     Nicljel  v. 
Brown.  Daily  Record,  October  7.  1891. 

When  Landlord  Cannot  Petition  in  an  Attachment  Suit  for  Arrearages 
of  Rent. — Wlien  right  of  distress  does  not  exist,  the  landlord  has  no  lien 
entitling  him  to  come  into  an  attachment  suit  by  petition  as  sanctioned 
by  Thompson  v.  Balto.  Steam  Packet  Co.,  33  Md.  318.  and  claim  a 
priority  for  rent  in  arrear.  I'utman's  Sons  v.  Van  Buren,  Daily  Record, 
November  27,  1890. 

Landlord's  Remedy  for  Rent  when  Tenant's  goods  are  seized  hi/  icrit 
of  attachment  and  goods  sold  under  order  of  court. — Landlord  should  go 
into  court  and  claim  payment  of  his  rent  as  a  prior  lien  on  proceeds,  by 
reason  of  his  quasi  lien  on  the  goods.  Lutz  v.  Lutz.  Daily  Record,  July  9, 
1889. 

P.  L.  L..   (1860)   Art.  4.  sec.  883.     P.  L.  L.,   (1888)  Art.  4,  sec.  858. 

845.  If  any  land  be  held  in  said  city  under  the  lease  for  a 
month,  or  any  less  period  than  a  year,  and  the  tenant  continues 
to  occupy  under  such  lease  after  its  expiration,  he  shall  be 
deemed  a  tenant  for  such  period  as  the  premises  were  originally 
leased  to  him,  and  so  from  such  period  to  such  period;  and  if 
his  landlord  give  him  thirty  days'  notice  before  the  termination 
of  any  period  of  his  tenancy,  it  shall  terminate  such  tenancy. 

Kinsey  v.  Minnick,  43  Md.  112. 

P.  L.  L.,   (1860)   Art.  4,  sec.  884.     P.  L.  L.,    (1888)   Art.  4,  sec.  859. 

846.  If  land  or  tenements  be  held  in  said  city  by  tenancy 
at  will,  at  sufferance  or  per  autre  vie,  thirty  days  notice  by  the 
landlord  or  reversioner  to  the  tenant  or  occupant  shall  termi- 
nate such  tenancy  at  the  expiration  of  thirty  days. 

P.  L.  L.,   (I860)   Art.  4,  sec.  885.     P.  L.  L.,   (1888)  Art.  4,  sec.  860. 

847.  Any  of  the  tenancies  mentioned  in  the  three  preceding 
sections  may  be  terminated  by  the  tenant  giving  notice  to  the 
landlord  thirty  days  previous  to  the  end  of  the  year,  or  other 
period  for  which  he  holds  the  same. 

Kinsey  v.  Haslup  &  Minnick.  43  Md.  112.    Biggs  v.  Stueler,  93  Md.  100. 

P.  L.  L.,   (1860)  Art.  4,  .sec.  886.     P.  L.  L.,   (1888)  Art.  4,  sec.  861. 

848.  The  notice  required  by  the  preceding  sections  shall  be 
in  writing  and  served  on  the  tenant,  or  left  at  his  place  of  abode 
or  business,  or  served  on  his  agent  or  servant,  or  served  on  any 
occupant  of  the  premises;  and  if  there  be  no  person  living  on 
the  premises  the  same  may  be  served  by  being  set  upon  a  con- 
spicious  part  of  the  premises. 

Kinsey  v.  Minnick,  43  Md.  117.     Biggs  v.  Stueler,  93  Md.  103. 


530 

I'.  L.  L.,   (ISGO)   Art.  4,  sec.  887.     P.  L.  L..   (1888)   Art.  4,  sec.  862. 

849.  Such  notice  shall  be  sufficient  in  form  if  it  contains  a 
request  by  the  landlord  to  the  tenant  to  leave  the  premises,  or  if 
it  state  the  intention  of  the  tenant  to  leave  the  same,  and  it  need 
not  state  the  time  when  the  tenant  is  requested  to  leave  the  same, 
or  when  the  tenant  intends  to  do  so. 

p.  L.  L.,   (1860)   Art.  4,  sec.  888.     P.  L.  L.,   (1888)  Art.  4,  sec.  863. 

850.  Such  notice,  without  any  additional  notice,  shall  entitle 
the  landlord  to  the  benefit  of  the  law  providing  for  the  speedy 
recovery  of  the  possession  of  lands  or  tenements  held  over  by 
tenants  . 

P.  L.  L.,   (I860)   Art.  4,  sec.  889.     P.  L.  L.,   (1888)  Art.  4,  sec.  864. 

851.  If  by  agreement  of  the  parties  the  time  and  manner 
of  notice  is  specified,  such  notice  shall  be  given  as  the  agree- 
ment provides,' and  when  given  by  the  landlord,  shall  entitle 
him  to  all  the  benefits  of  the  preceding  sections  without  any 
other  notice. 

1861,  ch.  96.     P.  L.  L.,   (1888)   Art.  4,  sec.  865. 

852.  One  Justice  of  the  Peace  of  said  city  shall  have  all  the 
powers  conferred  upon  two  justices  and  a  jury  by  the  Public 
General  Laws  in  relation  to  landlords  and  tenants,  subject  to 
appeal  as  in  other  cases  of  judgments  by  Justices  of  the  Peace  in 
said  city. 

Miller  v.  Duvall,  26  Md.  51. 

P.  L.  L.,    (1860)   Art.  4,  sec.  891.     P.  L.  L.,    (1888)   Art.  4,  sec.  866. 

853.  If  the  summons  issued  for  the  tenant  in  a  proceeding 
to  dispossess  him  be  returned  no7i  est,  a  second  summons,  re- 
turnable in  not  less  than  five  days  shall  be  issued,  and  if  the 
tenant  shall  not  be  found,  a  copy  of  the  second  summons  shall 
be  left  with  the  occupant  of  the  premises,  or  if  they  be  vacant, 
affixed  to  some  principal  building,  or  if  no  building,  then  set 
up  on  the  premises ;  and  on  the  day  assigned  in  the  summons 
for  the  appearance  of  the  party  the  Justice  shall  proceed  as  if  he 
had  appeared, 

P.  L.  L.,    (1860)   Art.  4.  sec.  892.     P.  L.  L.,   (1888)   Art.  4,  sec.  867. 

854.  The  landlord  or  reversioner  may  file  with  the  Justice 
interrogatories  to  be  answered  by  the  tenant  touching  the  ten- 
ancy or  notice,  or  for  any  other  matter  of  evidence  in  support  of 


531 

the  pretensions  of  said  landlord  or  reversioner,  in  and  about 
such  proceeding. 

P.  L.  L.,    (I860)   Alt.  4.  sec.  893.     P.  L.  L.,    (1888)   Art.  4,  sec.  868. 

855.  If  a  copy  of  such  interrogatories  be  served  on  the 
tenant,  he  shall  answer  the  same  befc^-e  the  third  day,  exclusive 
of  the  day  of  service;  and  upon  his  failure  to  answer  the  mat- 
ters inquired  of  by  such  interrogatories,  they  shall  be  taken  as 
confessed  by  him;  but  on  cause  shown,  the  Justice  may  give 
further  time  for  answering,  not  exceeding  eight  days  in  the 
whole,  from  and  exclusive  of  the  dav  of  service. 

p.  L.  L.,   (1860)  Art.  4,  sec.  894.     P.  L.  L.,   (1888)  Art.  4,  sec.  869. 

856.  The  copies  of  said  interrogatories  may  be  served  in 
the  same  manner  that  notices  to  quit  are  directed  to  be  served. 

P.  L.  L.,    (I860)   Art.  4,  sec.  895.     P.  L.  L.,    (1888)   Art.  4,  sec.  870. 

857.  If  in  any  proceeding  by  a  landlord  to  dispossess  a 
tenant  the  judgment  be  in  his  favor,  the  Justice  shall  assess 
against  the  tenant  holding  over  the  premises,  damages  not  ex- 
ceeding double  the  rate  of  the  rent  of  said  tenancy,  and  also  for 
the  expenses  of  said  landlord  or  reversioner  in  ajid  about  said 
proceeding,  over  and  above  the  legal  costs  thereof,  and  shall 
render  a  judgment  therefor  in  favor  of  the  lessor  or  reversioner, 
to  be  enforced  by  execution. 

Under  this  section  (857),  it  is  the  duty  of  the  Court  to  assess  against 
a  tenant  holding  over,  damages  not  exceeding  double  the  rate  of  rent 
of  the  tenancy,  and  also  such  further  sum  for  the  expenses  of  the  laud- 
lord  in  and  about  said  proceedings  over  and  above  the  legal  costs  therein. 
McElroy  v.  Wright,  Daily  Record.  March  7,  1889. 

P.  L.  L.,    (1860)   Art.  4,  sec.  896.     P.  L.  L.,   (1888)   Art.  4,  sec.  871. 

858.  If  the  Justice  shall  find  against  the  landlord  or  re- 
versioner he  shall  assess  such  damages  as  he  shall  deem  just  to 
be  paid  by  him  to  the  tenant,  for  which,  and  costs,  judgment 
shall  be  rendered  and  enforced  as  aforesaid. 

Miller  v.  Duvall,  26  Md.  51. 

P.  L.  L.,    (1860)   Art.  4,  sec.  899.     P.  L.  L.,    (1888)   Art.  4,  sec.  872. 

859.  In  all  cases  the  tenancy  mentioned  in  this  sub-division 
of  this  Article,  if  the  tenant,  after  notice,  fail  to  quit. at  the  end 
of  the  term,  or  at  a  period  when  he  shall  begin  as  aforesaid  to 
be  holding  over,  such  tenant,  his  executors  or  administrators, 
may,  at  the  election  of  the  lessor,  his  heirs,  executors,  adminis- 


532 

trators  or  assigns,  be  held  as  a  tenant  and  bound  to  pay  double 
the  rent  to  which  the  said  tenancy  was  subject,  and  payable  and 
recoverable  in  all  respects  and  to  every  eltect  as  if,  by  the  origi- 
nal agreement  or  the  understanding  as  to  such  tenancy,  said 
double  rent  were  the  resei'ved  rent  of  the  demised  premises, 
according  to  the  terms  and  conditions  of  payment  of  such  origi- 
nallv  reserved  rent. 

P.  L.  L.,   (1860)  Art.  4,  sec.  900.     P.  L.  L.,   (1888)  Art.  4,  sec.  873. 

860.  An  appeal  may  be  prosecuted  from  any  judgment  of 
a  Justice  of  the  Peace  rendered  under  the  provisions  of  this 
sub-division  of  this  Article  to  the  Baltimore  City  Court,  in  the 
manner  and  under  the  rules  prescribed  in  cases  within  the  ordi- 
nary jurisdiction  of  Justices  of  the  Peace;  the  tenant,  or  his 
executors  or  administrators,  in  order  to  stay  any  executions  of 
the  judgment  against  them,  giving,  on  such  appeals,  bond  with 
security,  with  condition  to  prosecute  the  appeal  with  effect,  and 
to  answer  to  the  landlord,  his  executors  and  administrators,  all 
costs  and  damages,  mentioned  in  the  judgment,  and  such  as  shall 
be  further  incurred  and  sustained  by  reason  of  said  appeal 
and  the  delay  thence  arising. 

Miller  v.  Duvall,  26  Md.  47.     Gelston  v.  Sigmund,  27  Md.  334.     Mears 
V.  Remare,  33  Md.  246.     Same  v.  Same,  34  Md.  333. 

P.  L.  L.,   (1860)   Art.  4,  sec.  901.     P.  L.  L.,   (1888)   Art.  4,  sec.  874. 

861.  Such  cases  shall  not  be  removable  to  the  Baltimore 
City  Court,  at  any  stage  thereof,  save  by  and  upon  appeal  as 
aforesaid. 

r.  L.  L.,   (I860)   Art.  4,  sec.  902.     P.  L.  L.,   (1888)   Art.  4,  sec.  875. 

862.  No  proceeding  to  dispossess  a  tenant  holding  over,  had 
before  any  Justice  of  the  Peace  and  removed  by  appeal  to  the 
Baltimore  City  Court,  shall  by  such  Court  be  reversed  or  set 
aside  for  matter  of  form ;  and  any  case  thus  removed  by  appeal, 
if  the  proceeding  thereunder  shall  be  set  aside  or  appear  to  be 
substantially  defective,  shall  be  proceeded  with  in  said  Court 
in  the  same  manner  and  to  the  same  effect,  upon  the  claim  and 
complaint  and  merits,  and  upon  evidence  to  be  adduced  therein 
as  it  was  or  might  have  been  competent  to  said  Justice  of  the 
Peace  to  have  proceeded  therewith. 

P.  L.  L.,   (1860)   Art.  4.  sec.  903.     P.  L.  L.,   (1888)   Art.  4,  sec.  876. 

863.  Every  such  appeal  shall  be  tried  and  finally  determined 
and  proceeded  with  at  the  first  term  to  which  such  case  shall 


533 


be  removed  to  tlie  said  court,  unless  for  cause  shown  upon  affi- 
davit the  court  shall  otherwise  order. 

Mears  v.  Remare,  33  Md.  251. 

P.  L.  L..   (1860)   Art.  4,  sec.  904.     P.  L.  L.,   (1888)  Art.  4,  sec.  877. 

864.  The  provisions  of  the  preceding  sections  of  this  sub- 
division of  this  Article,  relating  to  tenants  holding  over,  shall 
extend  to  the  heirs,  executors  and  assigns  of  lessors  and  rever- 
sioners, and  to  the  executors  and  all  persons  holding  under 
tenants,  and  to  all  cases  where  there  are  two  or  more  tenants, 
in  which  case  each  tenant  shall  be  entitled  to  the  notices  and 
the  benefit  of  each  condition  contained  in  the  preceding  sec- 
tions of  this  sub-division  of  this  Article. 

VAGKANTS,  PAUPERS,  BEGGARS,  VAGABONDS  Al^D 
DISORDERLY  PERSONS. 

p.  L.  L.,    (1860)   Art.  4,  sec.  907.     P.  L.  L.,   (1888)   Art.  4,  sec.  878. 

865.  The  Judge  of  the  Criminal  Court  of  Baltimore,  or  any 
Justice  of  the  Peace  of  the  City  of  Baltimore,  upon  informa- 
tion that  any  person  in  said  city  is  a  pauper,  an  habitual  beggar, 
a  vagrant,  a  vagabond  or  disorderly  person,  shall  issue  a  war- 
rant or  order,  to  be  directed  to  the  Sheriff  or  any  constable  or 
police  ofiicer  of  said  city,  commanding  him  to  bring  the  person 
against  whom  the  information  is  given,  before  said  Court  or 
said  Justice  on  a  day  to  be  named  therein,  not  more  than  one 
week  from  the  date  of  the  warrant,  to  answer  to  the  said  charge. 

P.  L.  L..   (1860)   Art.  4,  sec.  908.     P.  L.  L..   (1888)  Art.  4,  sec.  879. 

866.  Every  person  who  has  no  visible  means  of  maintenance 
from  property  or  personal  labor,  or  is  not  permanently  sup- 
ported by  his  or  her  friends  or  relatives,  and  lives  idle,  without 
employment,  shall  be  deemed  a  pauper;  and  every  person  who 
habitually  wanders  about  and  begs  in  the  streets,  or  from  house 
to  house,  or  sits,  stands  or  takes  a  position  in  any  place  and  begs 
from  passers-by,  either  by  words  or  gestures,  shall  be  deemed 
an  habitual  beggar;  and  every  person  who  wanders  about  and 
lodges  in  outhouses,  market-places,  or  other  public  buildings  or 
places,  or  in  the  open  air,  and  has  no  permanent  place  of  abode, 
or  visible  means  of  maintenance,  shall  be  deemed  a  vagrant; 
and  every  person  who  leads  a  dissolute  and  disorderly  course  of 
life,  and  cannot  give  an  account  of  the  moans  by  wliicli  he  pro- 
cures a  livelihood,  and  (n-ery  fortune-teller  or  common  gambler, 
shall  be  deemed  a  vagabond  or  disorderly  person. 


534 

-See,  opinion  of  Harlan,  C.  J.,  in  re  State  v.  Carrie  Parkburst,  Part  II 
of  tlie  Criminal  Court  of  Baltimore,  declaring  section  4  of  Article  38, 
Baltimore  City  Code  (1893),  in  conflict  with  sections  866-872  inclusive 
of  the  City  Charter,  and  therefore  invalid.     Docket  of  1901,  case  1028. 

Criminal  Court, — Jurisdiction  of. — In  cases  of  vagrancy,  the  Criminal 
Court  of  Baltimore  City  has  appellate  jurisdiction  only ;  on  a  conviction 
before  a  Justice  of  the  Peace,  the  accused  may  appeal  to  the  Criminal 
Court.  Adams  v.  Superintendent  House  of  Refuge,  Daily  Record,  April 
3,  1903. 

1888,  ch.  284.     P.  L.  I...   (1S8S)   Art.  4,  sec.  880. 

867.  Police  officers,  acting  on  the  request  of  any  person,  or 
upon  their  own  information  or  belief,  shall,  without  a  warrant, 
arrest  and  carry  before  a  station  house  Justice  for  examination 
any  such  pauper,  habitual  beggar,  vagrant,  vagabond  or  disor- 
derly person,  and  make  complaint  against  him;  provided,  that 
in  all  cases  where  such  arrest  is  made  on  request  of  any  person 
and  without  warrant,  the  officer  making  the  arrest  shall  require 
the  person  requesting  it  to  forthwith  appear  before  said  Justice 
and  prefer  a  charge,  under  oath,  against  the  person  so  arrested. 

I'.  L.  I..,   (1860)   Art.  4,  sec.  909.     P.  L.  L.,   (1888)  Art.  4,  sec.  881. 
1890,  ch.  196.     1900,  ch.  677. 

868.  The  said  Court  or  said  Justice,  upon  proof  that  any 
person  is  a  pauper,  an  habitual  beggar,  a  vagrant,  or  a  vagabond 
as  aforesaid,  shall  in  the  discretion  of  the  said  Court  or  Justice 
commit  said  pauper,  habitual  beggar,  vagrant  or  vagabond  to 
the  Maryland  House  of  Correction,  or  to  such  other  suitable 
place  as  may  hereafter  be  provided  for  said  purpose  by  the 
Mayor  and  City  Council  of  Baltimore ;  provided,  that  any  per- 
son found  to  be  a  pauper  or  an  habitual  beggar  who  may  not  be 
able-bodied,  but  aged,  or  seriously  crippled  or  infirm,  may  in 
the  discretion  of  said  Court  or  Justice  be  committed  to  the  alms- 
house of  said  city ;  and  that  any  minor  committed  under  this 
section  may  be  sent  to  any  reformatory  institution  to  which 
minors  may  be  committed  under  Article  27  of  the  Code  of  Pub- 
lic General  Laws. 

P.  L.  L..   (1800)   Art.  4.  sec.  910.     P.  L.  L.,    (1888)   Art.  4.  sec.  882. 

869.  Whenever  any  house  of  refuge,  house  of  correction, 
workhouse  or  other  house,  building  or  place  shall  be  provided  by 
the  Mayor  and  City  Council  of  Baltimore,  to  which  persons 
convicted  under  this  sub-division  of  this  Article  may  be  sent,  the 
said  Court  or  said  Justice  may  send  them  to  any  such  house, 
building  or  place,  if  the  Judge  of  said  Court  or  said  Justice  con- 


535 

sider  it  to  be  a  more  suitable  place  foi-  the  purpose  than  the 
Almshouse. 

P.  L.  L.,   (1860)   Art.  4,  sec.  911.     P.  L.  L.,   (ISSS)   Art.  4,  sec.  SS3. 

870.  The  Supervisors  of  City  Charities,  or  the  officers  of 
places  respectively  to  which  persons  convicted  under  the  two 
preceding  sections  may  be  sent,  shall  keep  them  during  the  time 
for  which  they  are  to  be  kept,  so  that  they  cannot  escape  from 
said  places. 

P.  L.  L.,   (1860)   Art.  4,  sec.  912.     P.  L.  L.,   (1888)   Art.  4,  sec.  884. 

871.  The  said  Supervisors  of  City  Charities  or  other  officers 
respectively  shall  put  such  of  said  persons  so  convicted  as  are 
able  to  work,  to  the  work  which  they  are  best  able  to  do. 

P.  L.  L.,   (1860)   Art.  4,  sec.  913.     P.  L.  L.,   (1888)   Art.  4,  sec.  885. 

1890,  ch.  196. 

872.  The  time  for  which  any  person  shall  be  sent  to  the 
almshouse,  the  Maryland  House  of  Correction  or  other  place, 
as  provided  by  section  868  of  this  Article,  shall  not  be  less  than 
one  week  nor  more  than  two  months  for  the  first  conviction,  and 
not  less  than  one  month  nor  more  than  six  months  for  the  second 
conviction,  and  not  less  than  six  months  nor  more  than  twelve 
months  for  the  third  or  any  subsequent  conviction. 

P.  L.  L.,    (I860)   Art.  4,  sec.  914.     P.  L.  L.,    (ISSS)   Art.  4,  sec.  886. 

873.  The  Supervisors  of  City  Charities  or  the  managers  of 
the  House  of  Refuge  or  officers  of  the  other  places  to  whiel 


persons  may  be  sent  as  aforesaid,  shall  respectively  have  the 
right  to  make  all  proper  rules  and  regulations  for  the  purpose 
of  carrying  out  the  aforesaid  provisions. 

P.  L.  L.,   (1860)   Art.  4,  sec.  915.     P.  L.  L.,   (1888)   Art.  4,  sec.  887. 

874.  Whenever  any  minor  shall  be  brought  before  the  Judge 
or  J  ustice  as  aforesaid,  the  parents  or  guardians  of  such  minor, 
if  they  be  resident  within  the  City  of  Baltimore,  and  their 
names  and  place  of  residence  be  made  known  to  such  Judge  or 
Justice,  shall  be  summoned  to  show  cause,  if  any  they  have,  wliy 
such  minor  should  not  be  sent  to  the  almshouse  or  other  suitable 
place,  or  be  otherwise  punished  according  to  law. 

P.  L.  L.,    (1S60)   Art.  4.  sec.  916.     P.  L.  L..   (1888)   Art.  4.  sec.  888. 

875.  The  said  Judge  or  Justice  shall,  if  a  suitable  master 
or  mistress  can  be  found,  and  he  judges  it  best  for  the  minor, 


536 

bind  such  minor  an  apprentice  to  some  useful  art,  trade  or  oc- 
cupation, in  the  same  manner  and  on  the  same  conditions  as 
apprentices  may  now  be  bound  by  the  laws  of  this  State. 

P.  L.  L.,   (1860)  Art.  4,  sec.  917.     P.  L.  L.,   (1888)  Art.  4,  sec.  889. 

876.  Every  unmarried  male  under  twenty-one  years  of  age, 
and  unmarried  female  under  eighteen  years  of  age,  shall  be 
considered  minors  within  the  meaning  of  the  preceding  section. 

P.  L.  L.,   (1860)   Art.  4.  sec.  918.     P.  L.  L.,   (1888)  Art.  4,  sec.  890. 

877.  The  Orphans'  Court  of  Baltimore  City  shall  have  con- 
current jurisdiction  over  all  cases  of  minors  under  the  preceding 
sections  of  this  sub-division  of  this  Article,  and  exercise  all 
the  powers  in  relation  to  them  which  are  hereinbefore  granted 
to  the  Criminal  Court  and  to  Justices  of  the  Peace  of  said  city. 

P.  L.  L.,   (1860)   Art.  4,  sec.  919.     P.  L.  L.,   (1888)  Art.  4,  sec.  891. 

878.  The  Criminal  Court  of  Baltimore  shall  try  all  cases 
which  may  be  brought  before  it  in  relation  to  vagrants  and  beg- 
gars, in  the  same  manner  and  at  the  same  time  as  cases  for 
assault  and  battery  are  now  tried  by  said  Court ;  provided, 
that  the  trial  shall  be  by  jury,  if  demanded  by  the  party  charged. 

P.  L.  L.,    (1860)   Art.  4,  sec.  920.     P.  L.  L.,   (1888)   Art.  4,  sec.  892. 

879.  If  in  any  case  which  may  be  brought  before  a  Justice  of 
the  Peace,  or  before  the  Orphans'  Court,  the  party  charged 
shall  demand  a  jury  trial,  the  said  Justice  or  said  Court  shall 
certify  said  case  to  the  Criminal  Court  of  Baltimore,  to  be 
proceeded  with  and  tried  by  said  Court  in  the  same  manner 
as  if  the  case  had  been  originally  brought  before  said  Court. 

P.  L.  L.,   (1860)   Art.  4,  sec.  921.     P.  L.  L.,   (1888)  Art.  4,  sec.  893. 

880.  The  Justice  of  the  Peace  and  the  Clerk  of  the  Crimi- 
nal Court  and  Register  of  Wills  of  the  Orphans'  Court  afore- 
said, respectively,  shall  receive  the  sum  of  twenty-five  cents  for 
issuing  every  warrant,  and  fifty  cents  for  making  out  every  com- 
mitment or  indenture  of  apprenticeship  of  such  vagrants  or  beg- 
gars ;  and  the  constable,  sheriff  or  police  officer,  for  serving  said 
warrant  and  bringing  the  person  charged  before  either  of  said 
Courts,  or  before  said  Justice,  shall  receive  the  sum  of  fifty 
cents,  and  for  carrying  any  person  committed  to  the  place  of 
commitment,  the  sum  of  fifty  cents,  which  several  sums  shall  be 
paid  as  other  costs  in  criminal  cases  are  now  paid ;  but  either  of 
said  Courts  or  said  Justice  may  at  discretion,  adjudge  that  the 


537 

said  costs  shall  be  paid  by  the  informer,  in  cases  where  the 
person  charged  is  acquitted. 

VAGRANT,  DEPENDENT  AND  VICIOUS  CHILDREN. 

1878,  ch.  473.     P.   L.  L.,    (1888)   Art.  4,  sec.  894. 

881.  No  minor,  if  a  girl,  under  the  age  of  sixteen  years,  and 
if  a  boy,  under  the  age  of  fourteen  years,  shall  be  admitted  or 
permitted  to  remain  in  any  saloon,  place  of  entertainment  or 
amusement  known  as  dance-houses,  concert  saloon,  theatre  or 
varieties,  where  immoral,  indecent,  obscene  or  vulgar  language, 
display  or  performance  is  permitted,  allowed  or  carried  on,  or 
where  any  spirituous  liquors,  wines,  intoxicating  or  malt  liquors 
are  sold,  exchanged  or  given  away,  unless  accompanied  by 
parents  or  guardian.  Any  proprietor,  keeper  or  manager  of 
any  such  place  who  shall  admit  such  minor  to  or  permit  him 
or  her  to  remain  in  such  place,  unless  accompanied  by  parent 
or  guardian,  shall  be  guilty  of  a  misdemeanor,  and  shall,  upon 
conviction  by  any  court  of  competent  jurisdiction,  be  lined  ten 
dollars  and  costs  for  each  and  every  offence. 

1878,  ch.  473.     P.  L.  L.,   (1888)  Art.  4,  sec.  895. 

882.  Every  person  having  the  custody  of  any  girl  under  the 
age  of  sixteen  years  and  of  any  boy  under  the  age  of  fourteen 
years  shall  restrain  such  child  from  habitually  begging,  whether 
actually  begging  or  under  the  pretense  of  peddling.  Any  per- 
son offending  under  this  section  shall  be  considered  and  deemed 
as  incapable  of  taking  care  of  and  providing  for  such  child,  and 
such  child,  by  reason  thereof,  be  deemed  as  coming  within  the 
conditions  of  the  next  succeeding  section. 

1878,  ch.  473.     P.  L.  L.,   (1888)  Art.  4,  sec.  896. 

883.  Any  girl  apparently  under  the  age  of  sixteen  years, 
and  any  boy  apparently  under  the  age  of  fourteen  years,  that 
comes  within  any  of  the  following  descriptions  named :  that  is 
known  to  be  habitually  begging  or  receiving  alms,  whether 
actually  begging  or  under  the  pretence  of  peddling  or  offering 
for  sale  anything,  or  being  in  any  street,  road  or  public  place 
for  the  purpose  of  so  begging,  gathering  or  receiving  alms ; 
that  is  found  wandering  and  not  having  any  home  or  settled 
place  of  abode  or  proper  guardianship  or  visible  means  of  sub- 
sistence; that  is  found  destitute,  either  being  an  orphan  or  hav- 
ing a  vicious  parent  who  is  undergoing  penal  servitude  or  im- 
prisonment ;  that  frequents  the  company  of  reputed  thieves  or 
prostitutes,  or  houses  of  assignation  or  prostitution,  or  dance- 


538 

houses,  concert  saloons,  varieties,  or  places  specified  in  section 
881  hereof,  without  a  parent  or  guardian,  shall  be  arrested  and 
brought  before  a  Court  or  Justice  of  the  Peace.  When,  upon 
examination  before  a  Court  or  Justice  of  the  Peace  it  shall  ap- 
pear that  any  such  child  has  been  engaged  in  any  of  the  afore- 
said acts,  or  comes  within  any  of  the  aforesaid  descriptions,  such 
Court  or  Justice,  when  he  shall  deem  expedient  for  the  welfare 
of  the  child,  shall  commit  such  child  to  an  orphan  asylum, 
charitable  or  other  institute,  or  make  such  other  disposition 
thereof  as  now  is  or  may  hereafter  be  provided  by  law  in  case 
of  vagrants,  truant,  disorderly,  pauper  or  destitute  children ; 
provided,  however,  that  none  of  the  provisions  of  this  sub-divi- 
sion of  this  Article  shall  be  construed  so  as  to  prevent  children 
from  selling  or  offering  for  sale  newspapers. 

1878,  ch.  473.     P.  L.  L.,   (1888)  Art.  4,  sec.  897. 

884.  Any  person  representing  himself  or  herself  to  be,  or 
passing  himself  or  herself  off  as  the  parent  or  guardian  of  a 
child  or  children  referred  to  in  any  of  the  aforesaid  sections  of 
this  sub-division  of  this  Article,  when  it  shall  appear  that  such 
person  is  not  either  the  parent  or  guardian  of  said  child,  shall 
be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  by  any 
court  of  competent  jurisdiction  shall  be  fined  not  more  than 
twenty  dollars  and  costs  for  each  and  every  offence. 

BOYS'  HOME. 

1874,  ch,  68.     P.  L.  L.,   (1888)   Art.  4,  sec.  898. 

885,  The  special  objects  and  purposes  of  the  Boys'  Home 
Society  shall  be  to  shelter  and  protect  destitute  and  homeless 
boys,  to  furnish  them  with  food,  raiment  and  lodging,  to  stimu- 
late them  to  honest  efforts  to  earn  a  livelihood,  to  instruct  them 
after  working  hours  in  moral  and  religious  truths  and  in  the 
rudiments  of  education,  to  aid  and  encourage  them  out  of 
vagrancy  and  ignorance,  to  raise  them  up  into  a  better  life  of 
virtue,  industry  and  usefulness,  and  generally  to  stand  in  the 
relation  of  parent  to  such  homeless  boys. 

ST.  MARTHA'S  EPISCOPAL  HOUSE. 

1898,    ch.    151.         ,,:„..,., a),;: s    -v.- 

885a.  The  Mayor  and  City  Council  of  Baltimore  is  auth- 
orized and  empowered  to  appropriate  annually  the  sum  of  five 
hundred  dollars  to  pay  for  the  conduct  and  management  of 
Saint  Martha's  Episcopal  House,  in  the  City  of  Baltimore. 


539 

1874,  ch.  68.     V.  L.   L.,    (1S8S)    Art.  4,  sec.  899.     1900.  eli.  742. 

886.  The  Boys'  Homo,  the  Dohiii  Children's  Aid  Society, 
the  Hebrew  Orphan  Asyhim,  the  Home  of  the  Friendless,  St. 
Vincent's  Orphan  Asyhim  and  the  Henry  Watson  Children's 
Aid  Society  have  the  powers  and  anthority  conferred  by  the 
General  Laws  upon  juvenile  institutions  and  societies. 

1902,  ch.  611.  1904,  ch.  514.  1906.  ch.  263.  1912,  ch.  618. 

886A.  The  Supreme  Bench  of  Baltimore  City  shall  appoint 
five  persons  of  either  sex  to  serve  during  its  pleasure,  who  shall 
be  known  as  "Probation  Officers  for  Delinquent  and  Dependent 
Children,"  each  of  said  persons  shall  receive  from  the  Mayor 
and  City  Council  of  Baltimore  a  salary  of  twelve  hundred  dollars 
per  anniun  payable  monthlv.  The  said  probation  officers  herein 
provided  for  are  officers  of  the  Court  presided  over  by  the 
magistrate  for  juvenile  causes  provided  for  by  section  623A 
of  Article  4  of  the  Code  of  Public  Local  Laws,  and  shall  be  at 
times  subject  to  the  orders  and  directions  and  shall  be  under 
the  supervision  of  said  magistrate.  They  are  also  deemed 
officers  of  the  various  courts  presided  over  by  the  judges  of  the 
Supreme  Bench  of  Baltimore  City  and  when  acting  or  per- 
forming functions  for  such  courts  are  subject  to  their  orders  and 
directions.  In  the  execution  of  their  office  they  are  vested  with 
all  the  privileges  and  authority  of  conservators  of  the  peace. 
The  Supreme  Bench  may  also  appoint  from  time  to  time  addi- 
tional probational  officers  for  delinquent  and  dependent  chil- 
dren in  such  number  as  may  be  deemed  necessary,  to  serve 
without  pay  during  the  pleasure  of  said  Court.  Such  addi- 
tional probational  officers  are  subject  to  the  same  orders  and 
directions,  are  under  the  same  supervision  and  are  vested  with 
the  same  authority  as  are  the  regularly  appointed  paid  pro- 
bational officers  herein  provided  for. 

1902,  ch.  611.     1904,  ch.  514.    1912,  ch.  618. 

886B.  In  any  proceeding  before  any  of  the  courts  of  the 
Supreme  Bench  of  Baltimore  City  or  before  the  magistrate  for 
juvenile  causes,  involving  a  hearing,  trial,  detention,  custody 
or  commitment,  of  any  minor  one  or  more  of  the  probation 
officers  provided  for  by  section  1  of  this  Article  and  designated 
by  the  court  or  magistrate  aforesaid  before  whom  such  proceed- 
ings are  had,  shall  make  such  investigation  and  make  return 
thereof  as  may  be  required  by  said  court  or  magistrate  aforesaid 
and  shall  execute  such  further  orders  and  directions  as  said 
court  or  magistrate  may  from  time  to  time  require.     At  any 


540 

stage  of  the  proceedings  in  the  case  of  a  minor  who  is  charged 
with  the  commission  of  any  crime  or  whose  care,  commitment 
or  custody  is  involved  before  said  courts  or  magistrate,  said 
courts  or  magistrate  may  suspend  sentence,  final  judgment  or 
further  proceedings  for  such  period  of  time  or  for  an  indefinite 
period  of  time  as  may  be  deemed  necessary,  and  place  said 
minor  on  probation  in  the  care  of  and  under  the  supervision 
and  direction  of  one  or  more  of  the  probation  officers  herein 
provided  for;  and  at  the  time  of  suspension  of  sentence  or 
further  proceedings,  or  subsequent  thereto,  the  said  court  or 
magistrate  may  impose  such  terms  and  conditions  as  may  be 
deemed  proper  and  necessary.  Any  minor  placed  on  probation 
is  deemed  a  probationer. 

1912,  ch.  G18. 

886C.  The  courts  aforesaid  and  the  magistrate  for  juvenile 
causes  are  hereby  authorized  and  empowered  to  place  any  minor 
who  may  be  on  probation  as  herein  provided  for  in  the  custody 
of  such  person  or  persons  for  such  period  of  time  as  may  be 
deemed  for  the  best  interest  and  welfare  of  said  minor  if  it 
shall  appear  that  the  present  custodian  or  parent  is  not  a  fit 
person  to  have  the  custody  of  such  minor,  or  that  it  would  be 
conducive  to  the  best  interests  of  such  minor  to  have  a  change  of 
custodian.  Any  person  or  persons  who  may  in  any  manner 
whatsoever  interfere  with  any  probation  officer  for  delinquent 
and  dependent  children  in  the  proper  discharge  of  his  or  her 
duties,  or  who  may  interfere  with  any  person  or  persons  in 
whose  custody  any  minor  may  be  placed  as  aforesaid  or  who 
may  interfere  with  or  attempt  in  any  manner  to  entice  any 
minor  from  such  custody,  shall  be  guilty  of  a  misdemeanor 
and  on  conviction  thereof  shall  be  fined  not  less  than  five  nor 
more  than  fifty  dollars  for  each  offense. 

1912,  ch.  618. 

886D.  The  probation  officers  herein  provided  for  shall  have 
the  power  to  bring  any  minor  or  minors  who  may  be  on  proba- 
tion as  aforesaid  before  the  Court  or  magistrate  for  juvenile 
causes,  by  a  process  of  warrant  duly  sworn  to  charging  him  or 
them  with  violation  of  the  terms  or  conditions  of  their  probation, 
or  by  subpoena  directed  to  them,  for  further  proceedings  and 
when  such  action  is  taken  the  Court  or  magistrate  aforesaid  may 
continue  proceedings  and  finally  dispose  of  the  same  as  fully  as 
could  have  been  done  had  there  been  no  suspension  of  sentence 
or  proceedings  in  the  first  place ;  provided,  however,  that  in  any 


541 

case  where  a  full  trial  or  hearing  has  not  been  had  and  the 
charge  or  crime  has  not  been  fully  shown,  sustained  or  deter- 
mined before  suspension  of  sentence  or  further  proceedings,  the 
Court  or  magistrate  aforesaid  shall  hear  the  case  de  novo  or  in 
finis,  before  sentence  is  passed  or  a  final  disposition  of  the  case  is 
made. 

1012.  ch.  618. 

886E.  The  Court  or  magistrate  aforesaid  shall  have  the  auth- 
ority to  extend  the  term  of  probation  at  any  time  for  such  addi- 
tional period  as  may  be  deemed  proper  and  may  attach  thereto 
the  same  or  additional  terms  and  conditions  as  were  originally 
attached  or  may  at  any  time  dismiss  the  probationer  and  the  pro- 
ceedings in  which  sentence  or  further  proceedings  were  origi- 
nally suspended. 

1912,  ch.  618. 

886F.  The  magistrate  for  juvenile  causes  is  hereby  auth- 
orized to  appoint  a  person  as  stenographer  and  typewriter  to 
serve  during  his  pleasure  who  shall  receive  from  the  Mayor  and 
City  Council  of  Baltimore,  a  salary  of  six  hundred  dollars 
per  annum,  payable  monthly.  Said  person  shall  perform  such 
duties  as  said  magistrate  may  require. 

887-899.  Sections  887  to  899,  inclusive,  repealed  by  Act 
1900,  Chapter  742. 

WAITKESSES  IN  PLACES  OF  PUBLIC  AMUSEMENT. 

1864.  ch.  399.     P.  L.  L.,   (1888)  Art.  4,  sec.  913. 

900.  It  shall  not  be  lawful  for  any  proprietor,  lessee  or 
manager  of  any  theatre,  museum  or  other  place  of  amusement, 
to  employ  women  or  girls  as  waiters,  or  to  permit  them  to  act 
in  such  theatre  or  place  of  amusement,  or  among  the  audience 
or  frequenters  of  such  theatre  or  place  of  amusement  as  waiters, 
or  for  the  purpose  or  under  the  pretense  of  selling,  serving,  re- 
ceiving orders  or  pay  for  spirituous  or  malt  liquors,  wines,  lager 
beer,  or  any  other  refreshments  or  merchandise. 

1864,  ch.  399.     P.  L.  L.,  (1888)  Art.  4,  sec.  914. 

901.  Any  person  violating  the  provisions  of  the  preceding 
section  shall  be  deemed  guilty  of  a  misdemeanor,  and  on  con- 
viction tliereof  in  the  Criminal  Court  of  Baltimore,  shall  be 
sentenced  to  pay  a  fine  of  not  less  than  one  hundred  nor  more 


542 

than  one  tlionsand  dollars,  or  to  imprisonment  in  jail  not  less 
than  one  month  nor  more  than  six  months,  or  to  both  fine  and 
imprisonment,  at  the  discretion  of  the  Conrt,  and  to  forfeiture 
of  license,  one-half  the  fine  to  be  paid  to  the  informer  and  the 
other  half  to  the  State. 

WATER. 

Lake  Roland,  Beservoir  and  Dams. 
1870,  ch.  25.     P.  L.  L..    (1S8S)   Art.  4,  sec.  931.     1910,  cli.  674. 

902.  If  any  person  shall  wilfnlly  pollnte  or  tend  to  pollute 
the  water  in  any  lake,  dam  or  reservoir,  line  of  conduit,  water- 
pipe,  gate-house  or  other  work  constructed  or  used  for  supply- 
ing the  City  of  Baltimore  with  water,  by  swimming,  bathing  or 
washing  therein,  or  by  washing  or  causing  to  be  washed  there- 
in, or  so  near  thereto  as  to  tend  to  pollute  the  water  therein, 
any  clothes,  the  skin  of  any  dead  animal  or  any  impure,  fetid 
or  noxious  animal  or  vegetable  matter,  or  shall  throw  or  cause  to 
be  thrown  therein,  or  so  near  thereto  as  to  tend  to  pollute 
the  water  therein,  any  impure,  fetid  or  noxious  animal  or  vege- 
table matter,  the  person  so  offending  shall  forfeit  and  pay  a 
sum  not  less  than  five  nor  more  than  fifty  dollars  for  each 
offense. 

Mayor  v.  Warren  Mfg.  Co.,  59  Md.  96. 

1870,  ch.  25.     P.  L.  L.,    (1888)   Art.  4.  sec.  932.     1910,  ch.  674. 

903.  If  any  person  shall  erect  or  cause  to  be  erected  any 
privy,  hog-pen,  bleaching  or  dyeing  establishment,  or  other 
thing  over  any  lake,  dam,  reservoir,  line  of  conduit,  water-pipe, 
gate-house  or  other  work  constructed  or  used  for  supplying  the 
City  of  Baltimore  with  water  or  so  near  thereto  as  to  tend  to 
pollute  or  discolor  the  water  therein,  the  person  so  offending 
shall  forfeit  and  pay  a  sum  not  exceeding  fifty  dollars,  and  the 
further  sum  of  ten  dollars  for  each  and  every  day  the  same 
shall  remain  after  notice  to  remove  the  same  shall  have  been 
given. 

1861,  ch.  240.     p.  L.  L.,  (1888)  Art.  4,  sec.  933. 

904.  If  any  person  shall  injure,  or  cause  to  be  injured,  de- 
faced or  destroyed,  any  dam,  reservoir,  line  of  conduit,  water- 
pipe,  gate-house,  stop-cock,  or  other  thing  used  for  supplying 
the  City  of  Baltimore  with  water,  the  person  so  offending  shall 
forfeit  and  pay  a  sum  not  less  than  five  nor  more  than  fifty 
dollars  for  each  offense. 


543 

1861,  ch.  240.     P.  L.  L.,   (ISSS)  Art.  4,  sec.  934. 

905.  All  fines  and  forfeitures  imposed  by  the  preceding 
section  shall  be  recoverable  bv  warrant  before  any  Justice  of  the 
Peace  in  and  for  the  City  of  Baltimore,  or  in  and  for  Balti- 
more County,  according  to  the  respective  jurisdiction  under 
which  any  of  the  offenses  herein  set  forth  may  be  committed ; 
one-half  to  the  informer  and  the  other  half  to  the  Mayor  and 
City  Council  of  Baltimore. 

ISUl.  eh.  240.     r.  L.  L.,   (ISSS)   Art.  4,  sec.  935. 

906.  The  two  preceding  sections  shall  not  be  construed  to 
exempt  any  person  who  may  have  been  fined  for  a  violation 
thereof,  or  who  may  be  charged  with  a  violation  thereof,  from 
an  action  of  damages  for  any  injury  or  destruction  of  any  part 
of  the  works  used  in  supplying  the  City  of  Baltimore  with 
water,  in  any  suit  for  damages  on  account  of  said  injury,  brought 
bv  the  Mayor  and  City  Council  of  Baltimore. 

PKOVISOES  LIMITING  THE   OPERATION  AND 
EFFECT  OF  THIS  ARTICLE. 

1898,  ch.  123,  sec.  2. 

Section  2.  This  Act  (1898,  ch.  123)  shall  not  affect  or 
impair  any  right  vested  or  acquired  and  existing  at  the  time  of 
the  passage  of  said  Act ;  provided,  that  this  section  shall  not  be 
construed  to  make  irrepealable  or  irrevocable  any  right  which 
before  the  passage  of  this  Act  was  repealable  or  revocable;  nor 
shall  said  Act  impair,  discharge  or  release  any  contract,  obliga- 
tion, duty,  liability  or  penalty  whatever  now  existing.  All  suits 
and  actions,  both  civil  and  criminal,  pending  or  which  may 
hereafter  be  instituted  for  causes  of  action  now  existing  or 
offenses  already  committed  against  any  law  or  ordinance  re- 
pealed by  this  Act,  shall  be  instituted,  proceeded  with  and 
prosecuted  to  final  determination  and  judgment  as  if  this 
Act  had  not  been  passed.  No  tax  levied  or  any  proceeding  taken 
for  the  collection  of  any  such  tax  or  the  enforcement  of  the 
payment  of  the  same,  before  the  passage  of  this  Act,  or  the  taxes 
levied  for  the  year  eighteen  hundred  and  ninety-eight,  if  levied 
after  the  passage  of  this  Act,  shall  in  any  manner  be  affected 
by  the  passage  of  this  Act,  and  the  mode  of  procedure  in  any 
such  matter  shall  be  the  same  as  if  this  Act  had  not  been  passed. 

Kr)I)insoii  V.  Baltimore  City,  93  Md.  208.  Raltiiiiore  City  v.  Bulto.  Co. 
W.  .'c  E.  Co.,  95  Md.  242. 


544 

1898,  ch,  123,  sec.  3. 

Section  3.  All  laws  now  in  force  relating  or  applicable  to 
the  Mayor  and  City  Council  of  Baltimore  or  the  City  of  Balti- 
more, and  not  included  in  this  Act,  and  not  inconsistent  with 
said  Act,  and  all  ordinances  of  the  Mayor  and  City  Council 
of  Baltimore  now  in  force  and  not  inconsistent  with  this  Act, 
shall  be  and  they  are  hereby  continued  until  changed  or  re- 
pealed, respectively,  by  the  General  Assembly  of  Maryland 
or  the  Mayor  and  City  Council  of  Baltimore;  provided,  that 
all  Acts  or  parts  of  Acts  passed  at  the  session  of  the  General 
Assembly  of  Maryland  in  the  year  eighteen  hundred  and  ninety- 
eight,  relating  to  the  Mayor  and  City  Council  of  Baltimore, 
or  the  City  of  Baltimore,  or  in  any  manner  amending  or  adding 
to  Article  4  of  the  Code  of  Public  Local  Laws,  as  said  Article 
existed  before  the  passage  of  this  Act,  shall  in  no  wise 
be  affected  by  the  passage  of  this  Act,  but  all  such  laws  shall 
have  the  same  force  and  effect  as  if  this  Act  had  not  been 
passed.  The  provisions  of  this  Act  shall  not  have  the  effect  to 
enlarge  or  extend  in  any  manner  the  rights  or  privileges  of  the 
Mayor  and  City  Council  or  other  authorities  of  the  City  of 
Baltimore  outside  of  the  limits  and  boundary  of  said  city, 
beyond  or  in  addition  to  those  now  limited  to,  and  exercised 
by  said  city  under  the  present  laws. 

U.  Rys.,  etc.  Co.  v.  Hayes,  92  Md.  490.  Baltimore  City  v.  Stewart,  92 
Md.  553.  Robinson  v.  Balto.  City,  93  Md.  208.  Balto.  City  v.  Balto.  Co. 
W.  &  E.  Co.,  95  Md.  243.     Bostock  v.  Sams,  95  Md.  400. 

1898,  ch.  123,  sec.  4. 

Section  4.  All  officers  provided  for  or  named  in  said  Act, 
whether  by  election  or  appointment,  shall  continue  to  hold, 
exercise  and  discharge  the  duties  of  their  respective  offices,  until 
they  shall  be  superseded  under  the  provisions  of  said  Act,  and 
until  their  successors  shall  be  duly  qualified,  and  nothing  con- 
tained in  said  Act  shall  be  construed  to  interfere  with  the 
continuity  of  the  terms  or  tenure  of  any  of  said  officers;  nor 
shall  a  re-appointment  or  re-election  of  any  of  said  officers  be 
necessary  in  order  to  secure  the  said  continuity  of  their  said 
terms  and  tenures  of  office,  unless  otherwise  provided  in  said 

Act. 

Robinson  v.  Balto.  City,  93  Md.  208. 

The  Act  of  1898,  ch.  123  was  approved  March  24,  1898. 


545 
APPENDIX. 

AK  ACT  TO  ENLARGE  THE  BOUNDS  OF 
BALTIMORE   CITY. 

1816,  ch.  209. 

Section  1.  Be  it  enacted  by  the  Geyieral  Assembly  of  Mary- 
land, That  the  precincts  of  Baltimore  City,  and  all  that  part  of 
Baltimore  County  which  is  included  in  the  following  metes  and 
bounds,  shall  be,  and  are  hereby  annexed  to,  and  made  part  of, 
the  City  of  Baltimore;  that  is  to  say,  bounded  on  the  north  by 
a  line  drawn  parallel  with  Baltimore  street  in  the  said  city, 
through  a  point  one  mile  and  a  half  due  north  from  the  centre  of 
Baltimore  and  Calvert  streets  in  the  said  city,  and  extending 
eastwardly  seven  hundred  perches  from  the  said  point  to  a  public 
road  passing  from  the  Philadelphia  post  road,  by  the  dwellings 
of  Amos  Loney,  Thomas  Worthington  and  others,  and  west- 
wardly  six  hundred  and  forty  perches  from  the  same  point,  on 
the  east,  by  a  line  binding  on  the  east  side  of  said  road,  to  the 
Philadelphia  post  road,  and  from  the  Philadelphia  post  road, 
by  a  straight  line,  to  the  northeast  corner  of  the  Lazaretto  lot, 
including  said  lot,  and  then  with  the  lines  of  said  lot  to  the 
Patapsco  River,  on  the  south  by  a  line  drawn  from  the  Patapsco 
River,  at  the  termination  of  the  last  mentioned  line,  to  the  most 
southern  part  of  Whetstone  Point,  on  the  main  branch  of 
the  Patapsco  River,  and  running  with  and  bounding  on  the 
said  main  branch,  excluding  the  land  ceded  to  the  United 
States  on  Whetstone  Point,  for  the  uses  of  a  fort,  to  the  place 
called  the  Ferry  Point,  being  the  junction  of  the  said  main 
branch  with  the  middle  branch  aforesaid,  and  thence  due  west 
to  the  western  side  of  the  middle  branch  aforesaid,  and  on  the 
west  by  a  line  running  from  the  termination  of  the  last  men- 
tioned line  on  the  western  shore  of  the  middle  branch,  and  bind- 
ing on  the  said  shore  to  the  north  of  Gwynn's  Falls,  thence 
up  and  with  the  southwest  side  of  Gwynn's  Falls  to  a  point 
opposite  to  the  mouth  of  Gwynn's  Run,  thence  with  a  straight 
course  to  the  mouth  of  Gwynn's  Run,  and  thence  with  a  straight 
line  to  the  end  of  the  aforementioned  six  hundred  and  forty 
perch  .line. 

2.  And  he  it  enacted.  That  all  the  provisions  of  the  act, 
entitled  "An  act  to  erect  Baltimore-town,  in  Baltimore  County, 
into  a  city,  and  to  incorporate  the  inhabitants  thereof,"  and  of 
all  the  acts  supplementary  and  in  addition  to  the  said  act, 
shall  be  and  hereby  are  extended  and  applied  to  the  present 

(17) 


546 

precincts  of  the  City  of  Baltimore,  and  the  part  of  Baltimore 
County  included  within  the  bounds  and  limits  described  in  the 
preceding  section,  and  to  the  inhabitants  thereof;  provided 
always,  that  nothing  in  this  Act  shall  be  construed  to  prevent 
any  of  the  turnpike  road  companies  heretofore  incorporated, 
from  keeping  up  any  gate  or  gates  now  established,  or  from 
establishing  others  as  authorized  by  law,  before  the  passing  of 
this  Act,  or  from  receiving  and  collecting  the  tolls  heretofore 
allowed  and  established. 

3.  Aiid  be  it  enacted.  That  the  Mayor  and  City  Council  of 
Baltimore  shall  be,  and  hereby  are  authorized  and  required, 
to  cause  the  metes  and  bounds  described  in  the  first  section  of 
this  Act,  to  be  forthwith  surveyed  and  distinctly  marked,  and 
suitable  boundary  stones,  marked  as  boundaries  of  the  said 
city,  to  be  placed  at  the  beginning  and  at  the  termination  of  each 
line;  and  boundary  stones  marked  as  aforesaid,  and  not  at  a 
greater  distance  than  fifty  perches  from  each  other,  to  be  placed 
on  all  the  lines  which  are  not  in  the  water,  and  do  not  run  with 
some  natural  boundarv;  and  that  the  said  Mavor  and  Citv 
Council  shall  cause  two  plots  of  the  said  survey  to  be  made  and 
duly  certified,  one  of  which  to  be  returned  to,  and  recorded  in, 
the  office  of  the  Clerk  of  Baltimore  Countv  Court,  among;  the 
land  records  of  the  said  county,  and  the  other  shall  be  returned 
to,  and  recorded  in,  the  office  of  the  Mayor  of  said  city,  and 
copies  of  the  said  plots,  duly  certified  by  the  keepers  of  the  said 
records  for  the  time  being,  respectively,  and  under  their  respec- 
tive seal  of  office,  shall  be  admitted  as  evidence  in  all  courts 
of  justice  within  the  State. 

4.  And  he  it  enacted.  That  the  Mayor  and  City  Council  of 
Baltimore  shall  cause  the  precincts  of  the  said  city,  and  that 
part  of  Baltimore  County  which  is  by  this  Act  annexed  thereto, 
forthwith  to  be  divided  and  laid  off  into  such  numbers  of  new 
wards  as  to  give  to  each,  as  nearly  as  may  be,  the  same  number 
of  inhabitants  with  the  present  wards  respectively,  and  such 
division  shall  from  time  to  time  alter  and  correct  as  is  pro- 
vided by  law  in  relation  to  the  present  wards;  and  that  for 
each  new  ward  there  shall  be  tw^o  members  of  the  First  Branch 
of  the  City  Council,  and  one  member  of  the  Second  Branch, 
which  shall  be  increased  in  number  accordingly,  and  one  elector 
of  Mayor ;  all  of  whom  shall  be  elected  at  the  same  time,  and  in 
the  same  manner,  with  the  electors  and  members  elected  by  the 
present  wards,  and  the  like  qualification  of  the  voters  and  per- 
sons elected. 

5.  Aiid  he  it  enacted.  That  all  inhabitants  of  the  precincts 


547 

and  territory  by  this  Act  annexed  to  the  City  of  Baltimore,  being 
qualified  for  members  of  the  House  of  Delegates  of  this  State, 
electors  of  the  Senate  of  this  State,  and  electors  of  the  President 
and  Vice-President  of  the  United  States  respectively,  shall 
vote  in  all  elections  of  members  of  the  House  of  Delegates  of 
this  State,  electors  of  the  Senate  of  this  State,  Sheriff  of  Balti- 
more County  and  electors  of  the  President  and  Vice-President 
of  the  United  States,  for  the  City  of  Baltimore,  and  as  part 
thereof,  and  not  otherwise;  and  that  for  the  purpose  of  hold- 
ing such  elections  in  the  said  city  as  hereby  enlarged,  the 
same  shall  be  forthwith  divided  into  eight  election  districts, 
pursuant  to  the  Act,  entitled  "An  Act  to  alter  and  abolish  and 
repeal,  certain  parts  of  the  constitution  and  form  of  govern- 
ment of  this  State  as  are  therein  mentioned ;"  for  the  making 
of  which  division  the  Mayor  and  City  Council  of  Baltimore 
shall  forthwith  appoint  five  commissioners,  two  of  whom  at  least 
shall  be  taken  from  the  additions  to  the  said  city  made  by  this 
Act,  and  who  shall  forthwith  proceed  in  such  manner,  and 
under  such  regulations,  as  the  said  Mayor  and  City  Council 
shall  prescribe,  to  lay  off  and  establish  the  said  eight  election 
districts,  and  to  fix  and  establish  the  places  of  holding  elections 
therein  respectively ;  and  all  such  elections  shall  be  held  at 
the  said  places  in  the  manner,  and  subject  to  the  rules,  regula- 
tions and  provisions,  heretofore  made  by  law  concerning  elec- 
tions in  the  City  of  Baltimore,  except  so  far  as  they  are  hereby 
altered. 

6.  And  he  it  enacted,  That  the  said  new  wards  to  be  laid  off 
by  virtue  of  this  Act,  shall  in  all  respects,  and  to  all  intents  and 
purposes,  be  subject  to  the  powers,  jurisdiction  and  authority, 
vested,  or  to  be  vested,  by  law,  in  the  Mayor  and  City  Council 
of  Baltimore,  and  in  the  corporation  of  the  said  city,  and  shall 
be  in  all  respects  taken  and  considered  as  parts  of  the  said  city 
and  corporation ;  provided,  nevertheless,  that  no  part  of  the 
city  tax  of  two  dollars  in  the  hundred  pounds  shall  be  imposed 
on  any  real  or  personal  property  within  any  of  the  said  wards, 
until  there  shall  be  at  least  five  dwelling  houses  on  each  acre  of 
land ;  that  is  to  say,  that  each  acre  of  such  land,  and  the  prop- 
erty thereon,  shall  be  wholly  exempted  from  the  said  tax  till 
there  shall  be  erected  on  such  acre  five  dwelling  houses,  nor 
shall  any  tax  for  the  making  or  repairing  of  the  public  roads 
or  bridges  of  the  county,  out  of  the  limits  aforesaid,  be  levied 
upon  the  property  within  those  limits. 

7.  And  he  it  en-acted,  That  the  five  following  persons,  to  wit : 
John   Beall   Howard,   Joseph   Ford,   Caleb  Merryman,   Labon 


548 

Welsh  and  Kobert  Lyon,  shall  be  and  are  hereby  appointed  com- 
missioners to  ascertain  and  fix  new  places  for  holding  elec- 
tions in  the  first  and  fourth  election  districts  of  Baltimore 
County  respectively,  instead  of  the  places  heretofore  fixed  and 
established  for  that  purpose  in  the  said  districts,  and  shall  pro- 
ceed in  the  execution  of  their  duty,  in  the  same  manner  and 
under  the  like  penalties,  as  are  prescribed  in  the  Act,  entitled 
"An  Act  to  regulate  elections,  for  the  Commissioners  appointed 
by  virtue  thereof." 

8.  And  he  it  enacted.  That  all  acts,  and  parts  of  acts,  incon- 
sistent with  the  provisions  of  this  Act,  shall  be,  and  are  hereby 
repealed. 

Origin  and  Bomidaries.— Baltimore  town,  in  Baltimore  county,  was 
laid  out  under  the  provisions  of  the  Act  of  Assembly  of  1729,  ch.  13. 
The  town  was  extended  under  the  Acts  of  1732,  ch.  14;  1745,  ch.  9;  1747, 
ch.  21;  and  1773,  ch.  4.  Baltimore  City  was  incorporated  by  the  Act  of 
1796,  ch.  68.  It  was  separated  from  Baltimore  county  by  the  Constitu- 
tion of  1851  and  the  Acts  of  1852,  chs,  17,  18,  86,  357;  1853,  ch.  253,  and 
1858,  ch.  248. 

The  present  city  boundaries  were  established  by  virtue  of  the  Act  of 
1816,  ch.  209,  and  the  Act  of  1888,  ch.  98. 

As  to  the  Act  of  1816,  ch.  209,  and  the  boundaries  of  the  counties,  see 
Raab  v.  The  State,  7  Md.  494.  Hammond's  lessee  v.  Inloes,  4  Md.  144, 
and  Public  General  Laws,  Art.  1,  sec.  10. 

Baltimore  county  had  been  formed  by  proclamation  as  early  as  1659. 
This  comity  included  at  first  all  land  lying  to  the  north  of  Anne  Arundel 
county  on  both  sides  of  the  Chesapeake  Bay,  thus  comprising  the  larger 
portion,  if  not  the  whole,  of  the  present  counties  of  Cecil  and  Kent.  The 
County  Court  was  held  at  Joppa,  on  the  Gunpowder  river,  from  an  early 
period  till  1768,  when,  by  Act  of  1768,  ch.  14,  a  court  house  and  prison 
in  Baltimore  town  were  erected  (see  Levy  Court  v.  Gwynn,  4  H.  &  J. 
227),  "on  the  uppermost  part  of  Calvert  street,  next  Jones'  Falls,"  where 
the  Battle  monument  now  stands, — and  on  their  completion,  the  records 
were  removed  from  Joppa,  which  has  now  ceased  to  be.  By  the  vote  of 
the  county,  November  1853,  the  county  seat  of  Baltimore  county  was 
located  at  Towsontown,  under  the  Act  of  1853,  ch.  452. 

ANNEXATION^  ACT. 

1888,  ch.  98. 

AN  ACT  to  extend  the  limits  of  Baltimore  City  by  including 
therein  parts  of  Baltimore  County. 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  Mary- 
land, That  all  that  part  of  Baltimore  County  which  is  included 
within  the  following  metes  and  bounds,  that  is  to  say : 


549 

Beginning  for  the  same  at  the  intersection  of  the  pres- 
ent northern  boundary  line  of  the  City  of  Baltimore  with 
the  present  eastern  boundary  line  of  said  city,  and  running 
thence  northerly  on  and  with  the  line  of  the  said  present 
eastern  boundary  line  of  said  city  if  said  line  were  ex- 
tended northerly  to  a  point  on  a  line  drawn  due  east  and 
west  two  miles  due  north  from  the  intersection  of  the  west 
side  of  Charles  street  with  the  north  side  of  North  avenue, 
and  thence  running  with  and  bounding  on  said  line  westerly 
until  said  line  intersects  the  northeast  side  of  the  Balti- 
more and  Reisterstown  turnpike  road,  and  thence  running 
and  binding  on  said  side  of  said  road  southeasterly  to  the 
point  of  its  intersection  with  the  north  line  of  North 
avenue,  and  thence  running  easterly  with  the  north  line 
of  said  avenue  to  the  place  of  beginning,  shall  be  annexed 
to  and  become  a  part  of  the  City  of  Baltimore,  at  the  time 
and  upon  the  conditions  hereinafter  mentioned. 

Sec.  2.  And  be  it  further  enacted.  That  all  that  part  of  Bal- 
timore County  which  is  included  within  the  following  metes  and 
bounds,  that  is  to  say: 

Beginniyig  for  the  same  at  the  intersection  of  the  north- 
east side  of  the  Baltimore  and  Reisterstown  road  with  the 
north  line  of  North  avenue,  and  running  thence  on  the 
said  northeast  side  of  said  road,  northwesterly,  until  said 
line  intersects  a  line  drawn  due  east  and  west  two  miles 
due  north  from  the  intersection  of  the  west  side  of  Charles 
street  with  the  north  side  of  North  avenue,  and  running 
thence  westerly  on  said  line  until  it  intersects  a  line  drawn 
parallel  to  and  distant  westerly  two  miles  from  the  west 
of  Payson  street,  as  laid  down  on  Poppleton's  map  of  Balti- 
more City,  measured  at  right  angles  thereto,  and  thence 
southerly  with  said  line,  and  binding  thereon,  to  a  point 
where  said  line  would  be  intersected  by  a  line  running 
due  west  from  the  point  on  the  present  western  boundary 
of  the  City  of  Baltimore,  which  is  nearest  to  the  junction 
of  Gwynn's  Falls  and  Gwynn's  Run,  then  reversing  said 
last  mentioned  line  and  binding  thereon,  to  its  beginning, 
and  thence  northeasterly,  binding  on  the  present  western 
boundary  line  of  Baltimore  City,  to  its  intersection  with 
the  north  side  of  North  avenue,  thence  easterly  on  the 
north  side  of  North  avenue  to  the  place  of  beginning,  shall 
be  annexed  to  and  become  a  part  of  the  City  of  Baltimore, 
at  the  time  and  upon  the  conditions  hereinafter  mentioned. 


550 

Sec.  3.  And  he  it  further  enacted.  That  all  that  part  of 
Baltimore  County  which  is  included  within  the  following  metes 
and  bounds,  that  is  to  say: 

Beginning  for  the  same  at  the  intersection  of  the  present 
northern  boundary  line  of  the  City  of  Baltimore  with  the 
present  eastern  boundary  line  of  said  city,  and  running 
thence  northerly  on  and  with  the  line  of  said  present  east- 
ern boundary  line  of  said  city  if  said  line  were  extended 
northerly  to  a  point  on  a  line  drawn  due  east  and  west  two 
miles  due  north  from  the  intersection  of  the  west  side  of 
Charles  street  with  the  north  side  of  North  avenue,  and 
thence  running  with  and  bounding  on  said  line  easterly 
until  said  line  intersects  a  line  drawn  northerly  and  south- 
erly and  parallel  to  East  street  as  laid  down  on  the  map 
of  the  Canton  Company's  property,  and  one  mile  distant 
therefrom,  measured  at  right  angles  thereto,  thence  south- 
erly binding  on  said  line  to  the  Patapsco  River,  and  thence 
in  a  southwesterly  direction  to  a  point  in  the  division  line 
between  Anne  Arundel  and  Baltimore  counties,  nearest 
to  the  south  boundary  line  of  the  Marine  Hospital  prop- 
erty, and  thence  along  said  division  line  between  said  coun- 
ties to  a  point  in  said  division  line  nearest  to  the  most 
westernmost  boundary  of  what  is  known  as  the  one-half  acre 
lot,  owned  jointly  by  the  Commissioners  of  Anne  Arundel 
County  and  the  Mayor  and  City  Council  of  Baltimore, 
and  thence  in  a  northwesterly  direction  to  a  point  on  the 
Baltimore  Countv  shore  line,  where  the  west  branch  of  the 
Patapsco  River  intersects  the  middle  branch  of  said  river, 
and  thence  following  the  shore  line  of  the  middle  branch 
of  the  Patapsco  River  to  the  present  city  limits,  shall  be 
annexed  to  and  become  a  part  of  the  City  of  Baltimore, 
upon  the  condition  hereinafter  mentioned. 

Sec.  4.  And  be  it  further  enacted.  That  the  question 
whether  that  portion  of  Baltimore  County  described  in  the 
first  section  of  this  Act  shall  be  annexed  to  and  become  a  part 
of  Baltimore  City,  shall  be  submitted  to  the  qualified  registered 
voters  residing  within  the  said  portion  of  Baltimore  County,  at 
a  special  election  to  be  held  for  this  purpose,  on  the  third  Tues- 
day in  May,  1888,  for  which  election  there  shall  be  one  polling 
place  in  each  one  of  the  existing  election  precincts  of  Baltimore 
county,  embracing  any  part  of  the  territory  described  in  the 
first  section  of  this  Act,  and  all  persons  entitled  to  vote  at  said 


551 

election  shall  vote  at  the  polling  place  within  the  election  pre- 
cinct in  which  they  are  or  shall  be  registered ;  the  Governor 
of  Maryland,  shall,  at  least  twenty  days  before  the  day  of  elec- 
tion, designate  the  location  of  said  polling  places,  which  shall 
not  be  in  any  honse  where  spirituons  or  fermented  liquors  or 
lager  beer  are  sold,  and  he  shall  also  appoint  three  judges  and 
two  clerks  of  election  for  each  polling  place,  who  shall  be  resi- 
dents of  and  voters  in  the  portion  of  Baltimore  County  de- 
scribed in  the  first  section  of  this  Act;  at  least  one  of  which 
said  judges  and  one  of  said  clerks  shall  be  persons  known  to  be 
in  favor  of  "City  extension,"  and  at  least  one  of  which  said 
judges  and  the  other  of  said  clerks  shall  be  persons  known 
to  be  against  the  ''City  extension;"  the  polls  at  said  election 
shall  be  kept  open  from  six  o'clock  in  the  morning  until  seven 
O'clock  in  the  evening ;  the  ballots  to  be  cast  at  the  said  election 
shall  have  written  or  printed  on  them  'Tor  the  city  extension" 
or  "Against  the  city  extension;"  at  the  close  of  said  polls  the 
judges  of  election  shall  count  the  ballots  which  have  been  cast, 
and  shall  ascertain  the  number  of  votes  cast  "For  the  city  ex- 
tension" and  the  number  cast  "Against  the  city  extension,"  and 
shall  make  out  under  their  hands,  attested  by  the  clerks,  or  one 
of  them,  three  distinct  statements  or  certificates  of  the  number 
of  votes  cast  "For  the  city  extension"  and  "Against  the  city 
extension,"  one  of  which  certificates  shall  be  entered  on  each  of 
the  poll  books  used  at  the  said  election,  and  the  other  one  of  said 
certificates  shall  be  bv  said  judges  sent  forthwith  to  the  Governor 
of  the  State,  who  shall  ascertain  the  result  of  the  votes  cast  at 
the  several  voting  places,  and  make  known  the  same  by  his 
proclamation ;  and  if  the  Governor  shall,  by  his  proclamation, 
declare  that  a  majority  of  all  the  votes  cast  at  the  said  election 
were  cast  for  the  city  extension,  then  from  and  after  the  first 
day  of  June,  1888,  all  that  portion  of  Baltimore  County  de- 
scribed in  the  first  section  of  this  Act  shall  become  and  be  a 
part  of  Baltimore  City.  Each  of  the  said  judges  and  clerks 
of  election  shall,  before  entering  upon  their  duties,  make  oath 
or  affirmation  before  the  Clerk  of  the  Circuit  Court  for  Balti- 
more County  (of  which  oath  or  affirmation  a  record  shall  be 
kept  by  said  clerk),  that  he  will  faithfully  conduct  said  election 
and  protect  it  to  the  best  of  his  ability  against  all  frauds  and 
unfairness;  any  violation  of  the  terms  of  said  oath  shall  be 
deemed  a  misdemeanor,  and  shall,  on  conviction,  subject  the 
offender  to  punishment  by  a  fine  of  not  less  than  five  hundred 
dollars  nor  more  than  one  thousand  dollars,  or  to  imprison- 
men  for  not  less  than  one  month  nor  more  than  six  months,  or 


552 

to  both  fine  and  imprisonment,  in  tlie  discretion  of  the  Court. 
The  said  judges  of  election  shall  return  the  ballots  to  the  Gover- 
nor of  the  State,  and  one  of  the  said  poll-books  containing  the 
certificate  above  mentioned  to  the  Clerk  of  the  Superior  Court 
of  Baltimore  City,  and  the  other  to  the  Clerk  of  the  Circuit 
Court  for  Baltimore  County. 

Sec.  5.  And  he  it  further  enacted.  That  the  question  of 
whether  that  portion  of  Baltimore  County  described  in  the 
second  section  of  this  Act  shall  be  annexed  to  and  become  a  part 
of  Baltimore  City,  shall  be  submitted  to  the  qualified  registered 
voters  residing  within  the  said  portion  of  Baltimore  County,  at 
a  special  election  to  be  held  for  this  purpose  on  the  third  Tues- 
day in  May,  1888,  for  which  election  there  shall  be  one  polling 
place  in  each  one  of  the  existing  election  precincts  of  Baltimore 
County,  embracing  any  part  of  the  territory  described  in  the 
second  section  of  this  Act;  and  all  persons  entitled  to  vote  at 
said  election  shall  vote  at  the  polling  place  within  the  election 
precinct  in  which  they  are  or  shall  be  registered,  and  all  the 
provisions  contained  in  section  four  of  this  Act  for  the  holding 
of  the  special  election  therein  mentioned,  and  for  ascertaining 
and  declaring  the  result  thereof,  shall  be  applicable  to  the  elec- 
tion to  be  held  under  this  section,  except  that  the  judges  and 
clerks  of  election  shall  be  residents  of  and  voters  in  that  portion 
of  Baltimore  County  described  in  the  second  section  of  this 
Act,  and  if  it  shall  appear  by  the  proclamation  of  the  Governor, 
so  to  be  issued,  that  a  majority  of  all  the  votes  cast  at  the  elec- 
tion provided  for  in  this  section  were  cast  for  the  city  exten- 
sion, then  from  and  after  the  first  day  of  June,  1888,  all  that 
part  of  Baltimore  County  described  in  the  second  section  of  this 
Act  shall  become  and  be  a  part  of  Baltimore  City. 

Sec.  6.  And  he  it  further  enacted,  That  the  question  of 
whether  that  portion  of  Baltimore  County  described  in  the  third 
section  of  this  Act  shall  be  annexed  to  and  become  a  part  of  Bal- 
timore City,  shall  be  submitted  to  the  qualified  registered  voters 
residing  wdthin  the  said  portion  of  Baltimore  County,  at  a  spe- 
cial election  to  be  held  for  this  purpose  on  the  third  Tuesday  in 
May,  eighteen  hundred  and  eighty-eight;  for  which  election 
there  shall  be  one  polling  place  in  each  one  of  the  existing  elec- 
tion precincts  of  Baltimore  County,  embracing  any  part  of  the 
territory  described  in  the  third  section  of  this  Act;  and  all  per- 
sons entitled  to  vote  at  said  election  shall  vote  at  the  polling 
place  within  the  election  precinct  in  which  they  are  or  shall  be 
registered ;  and  all  the  provisions  contained  in  section  four  of 
this  Act  for  the  holding  of  the  special  election  therein  men- 


553 

tioiied,  and  for  ascertaining  and  declaring  the  resnlt  thereof, 
shall  be  applicable  to  the  election  to  be  held  under  this  section, 
except  that  the  judges  and  clerks  of  election  shall  be  residents 
of  and  voters  in  that  portion  of  Baltimore  County  described  in 
the  third  section  of  this  Act ;  and  if  it  shall  appear  by  the  pro- 
clamation of  the  Governor,  so  to  be  issued,  that  a  majority  of 
all  the  votes  cast  at  the  election  provided  for  in  this  section  are 
"For  the  city  extension,"  then  from  and  after  the  first  day  of 
June,  1888,  all  that  part  of  Baltimore  County  within  the  boun- 
daries described  in  the  third  section  of  this  Act  shall  become 
and  be  a  part  of  Baltimore  City. 

Sec.  7.  And  he  it  further  enacted^  That  the  elections  men- 
tioned in  the  fourth,  fifth  and  sixth  sections  of  this  Act  shall 
be  held  in  accordance  with  the  provisions  of  the  Code  of  Public 
General  Laws  of  Maryland  relating  to  general  elections  in  this 
State,  so  far  as  the  same  are  applicable  and  not  inconsistent  with 
the  provisions  of  this  Act;  and  for  the  preservation  of  peace 
and  order  at  said  elections,  the  Governor  shall  appoint  for  each 
of  the  territorial  divisions  described  in  the  first,  second  and  third 
sections  of  this  Act,  three  persons  of  approved  capacity  and 
integrity  and  voters  in  and  residents  of  the  territorial  division 
in  which  they  shall  be  appointed,  who  shall  be  termed  supervi- 
sors of  election,  and  who  shall  be  conservators  of  the  peace  in 
their  respective  territorial  divisions,  and  invested  with  full 
power  and  authority  to  preserve  peace,  order  and  quiet  at  said 
elections ;  said  supervisors  in  their  respective  territorial  divi- 
sions shall  be  charged  with  the  special  duty,  and  are  hereby 
required  previous  to  the  day  for  said  elections,  to  appoint  and 
provide  for  each  election  precinct  therein  a  special  force  con- 
sisting of  not  exceeding  ten  persons,  to  be  selected  from  the  per- 
sons residing  in  the  territory  proposed  to  be  annexed,  under  the 
command  of  a  person  also  to  be  appointed  by  them,  to  be  desig- 
nated as  captain,  and  the  said  special  force  shall  have  the 
same  power  in  the  premises  as  the  police  force  of  Baltimore 
City,  as  conservators  of  the  peace  within  the  city  limits,  and 
it  shall  be  the  duty  of  each  member  of  said  special  force  to 
execute  every  warrant  and  commitment  which  the  said  super- 
visors or  either  of  them,  or  the  judges  of  election  or  either  of 
them,  shall  issue;  the  Sheriff  of  Baltimore  County  shall  not 
appoint  any  deputies  of  any  of  said  precincts ;  said  supervisors 
shall  receive  the  sum  of  five  dollars  each  for  each  day  of  actual 
service,  not  to  exceed  three  days,  and  said  special  force  shall  each 
receive  three  dollars  for  their  services  on  the  day  of  said  elec- 
tions.   The  Governor  in  appointing  said  supervisors  shall  select 


554 

for  each  territorial  division  one  of  the  three  persons  to  be  ap- 
pointed therefor  from  among  the  voters  and  residents  of  said 
territorial  division  known  to  be  opposed  to  city  extension  and 
annexation,  one  thereof  known  to  be  in  favor  of  city  extension 
and  annexation,  the  third  to  be  selected  at  his  discretion ;  said 
supervisors,  before  entering  on  the  discharge  of  their  duties, 
shall  severally  take  and  subscribe  before  some  Justice  of  the 
Peace  of  the  State  an  oath  or  oaths  similar  to  the  oath  or  oaths 
prescribed  to  be  taken  by  supervisors  of  election  in  Baltimore 
City,  and  after  the  day  of  election  their  office  shall  terminate ; 
for  any  failure  to  discharge  any  duty  imposed  upon  him  by  this 
Act  the  Sheriff  of  Baltimore  County  shall  be  subject  to  a 
penalty  of  five  thousand  dollars,  and  for  the  payment  of  the 
same  his  official  bond  shall  be  liable. 

Sec.  8.  And  he  it  further  enacted.  That  the  said  judges 
shall  be  conservators  of  the  peace  during  the  continuance  of  the 
election  so  held  by  them,  and  until  the  ballots  shall  have  been 
counted  by  them  and  the  necessary  certificates  required  by  this 
Act  shall  be  made  out,  and  shall  be  vested  with  the  power  and 
authority  to  commit  oft'enders  for  any  breach  of  the  peace  in  like 
manner  as  any  justice  of  the  peace  has  under  existing  laws. 

Sec.  9.  And  be  it  further  enacted.  That  the  necessary  ex- 
penses of  the  elections  provided  for  by  this  Act  shall  be  paid 
by  the  Mayor  and  City  Council  of  Baltimore ;  and  the  said 
judges,  clerks  and  the  Sheriff  of  Baltimore  County  shall  receive 
the  compensation  fixed  by  law  in  reference  to  general  elections. 

Sec.  10.  And  6e  it  further  enacted.  That  it  shall  not  be 
lawful  for  the  keeper  of  any  hotel,  tavern,  store,  drinking  estab- 
lishment or  any  other  place  where  liquors  are  sold,  or  for  any 
person  or  persons  directly  or  indirectly  to  sell,  barter,  or  give,  or 
dispose  of  any  spirits  or  fermented  liquors,  ale,  or  beer,  or  intox- 
icating drinks  of  any  kind  within  the  boundaries  mentioned  in 
the  first,  second  and  third  sections  of  this  Act,  and  on  the  day 
on  which  the  elections  mentioned  in  the  fourth,  fifth  and  sixth 
sections  of  this  Act  are  held ;  and  any  person  violating  the  pro- 
visions of  this  section  shall  be  subject  to  the  provisions  of 
section  84  of  Article  5  of  the  revised  Code  of  eighteen  hundred 
and  seventy-eight  of  the  Public  General  Laws  of  Maryland. 

Sec.  11.  And  he  it  further  enacted.  That  all  the  provisions 
of  the  Constitution  of  Maryland,  and  of  the  Act  entitled  "An 
Act  to  erect  Baltimore  town,  in  Baltimore  County,  into  a  city, 
and  incorporate  the  inhabitants  thereof,"  and  all  acts  of  the 
General  Assembly  of  Maryland,  supplementary  and  in  addition 
to  the  said  Act,  relating  to  the  City  of  Baltimore,  now  in  force ; 


555 

and  all  the  provisions  of  Article  -i  of  the  Code  of  Public  Local 
Laws  of  Maryland,  entitled  "'City  of  Baltimore,"  shall  be  and 
the  same  are  hereby  extended  and  made  applicable  to  such  por- 
tions of  Baltimore  County  as  shall,  under  the  provisions  of  this 
Act,  be  annexed  to  and  made  a  part  of  Baltimore  City;  and 
thereupon  all  the  provisions  of  the  Code  of  Public  Local  Laws 
of  Maryland  relating  to  Baltimore  County,  except  as  herein 
excepted,  shall  cease  to  be  in  force  in  such  portions  of  Balti- 
more County  as  shall,  under  the  provisions  of  this  Act,  be  an- 
nexed to  and  made  a  part  of  Baltimore  City ;  provided,  however, 
and  it  is  hereby  expressly  declared,  that  all  acts  of  assembly 
of  the  State  of  Maryland  now  in  force,  relating  to  the  sale  of 
spirituous  or  fermented  liquors  or  lager  beer  in  certain  parts 
of  Baltimore  County,  and  prohibiting  the  issue  of  licenses  there- 
for, shall  be  and  remain  in  full  force  and  operation  in  each 
and  every  portion  of  Baltimore  County  which,  under  the  provi- 
sions of  this  Act,  shall  become  a  part  of  Baltimore  City ;  and 
all  the  provisions  of  said  acts  of  Assembly  which  make  it  un- 
lawful for  the  Clerk  of  the  Circuit  Court  for  Baltimore  County 
to  issue  licenses  for  the  sale  of  spirituous  or  fermented  liquors 
or  lager  beer  in  certain  parts  of  Baltimore  County  shall  be  ap- 
plicable to  the  Clerk  of  the  Court  of  Common  Pleas  of  Baltimore 
City,  who  is  hereby  prohibited  from  issuing  any  license  for  the 
sale  of  spirituous  or  fermented  liquors  or  lager  beer  in  any 
place  in  reference  to  which  the  Clerk  of  the  Circuit  Court  for 
Baltimore  County  is  now  prohibited  from  issuing  a  similar 
license. 

Sec.  12.  Arid  he  it  furtlier  enacted.  That  all  streets,  avenues, 
or  alleys  lying  in  any  portion  of  Baltimore  County  which,  under 
the  provisions  of  this  Act,  shall  become  a  part  of  Baltimore 
City,  and  which  shall  have  been  legally  condemned  as  streets 
under  the  provisions  of  the  acts  of  Assembly  of  Maryland  re- 
lating to  streets  in  Baltimore  County,  shall  be  held  to  be  validly 
constituted  streets  of  Baltimore  City  in  all  respects  as  if  the 
same  had  been  legally  condemned  as  such  by  the  Mayor  and 
City  Council  of  Baltimore;  and  all  proceedings  for  the  laying 
off,  opening,  grading  and  construction  of  streets,  avenues  or 
alleys,  which  shall  have  been  begun  under  the  existing  street 
laws  of  Baltimore  County,  prior  to  the  passage  of  this  Act,  shall 
be  proceeded  with  and  completed  under  said  street  laws  of  Balti- 
more County,  in  all  respects  as  if  this  Act  had  not  been  passed. 

Sec.  13.  And  he  it  further  enacted,  That  the  Mayor  of  the 
City  of  Baltimore  is  hereby  authorized  and  directed  to  appoint 
one  Commissioner,   and  the  County  Commissioners  of  J^alti- 


556 

more  County  are  authorized  and  directed  to  appoint  one  Com- 
missioner, and  the  Governor  of  the  State  shall  appoint  one  Com- 
missioner, and  it  shall  be  the  duty  of  said  Commissioners,  or  a 
majority  of  them,  forthwith  to  cause  the  metes  and  bounds  of 
the  territory  described  in  the  first,  second  and  third  sections  of 
this  Act,  to  be  surveyed,  located  and  marked  by  such  monu- 
ments as  will,  in  their  judgment,  point  out  with  sufficient  dis- 
tinctness the  location  of  said  metes  and  bounds ;  and  they  shall 
cause  separate  plats  or  maps  to  be  made  of  the  portion  of  terri- 
tory described  in  each  of  the  first,  second  and  third  sections  of 
this  Act,  on  which  plats  or  maps  shall  be  shown  the  outlines 
of  said  territory  and  the  lines  and  boundaries  of  the  election 
precincts  in  said  territory,  together  with  such  roads  and  other 
landmarks  as  will,  in  the  judgment  of  said  commissioners,  or  a 
majority  of  them,  afford  sufficient  means  of  information  to  de- 
termine what  persons  are  resident  within  the  portion  of  terri- 
tory described  in  each  of  the  said  first,  second  and  third  sec- 
tions of  this  Act ;  and  the  said  Commissioners,  or  a  majority  of 
them,  shall  cause  copies  of  said  maps  or  plats  to  be  set  up  in 
the  said  territory,  at  such  places  as  they  shall  select,  and  shall 
furnish  copies  of  the  same  to  the  judges  of  elections  for  use 
at  the  polls,  and  shall,  by  advertisements  inserted  in  at  least  four 
of  the  daily  newspapers  published  in  Baltimore  City,  and  three 
published  in  Towsontown,  at  least  ten  days  before  the  day  of 
election,  give  such  information  in  reference  to  the  location  and 
boundaries  of  the  several  portions  of  territory  proposed  to  be 
annexed  to  Baltimore  City,  and  such  explanation  of  said  plats 
or  maps  as  will,  in  their  judgment,  enable  all  persons  to  ascer- 
tain whether  they  are  entitled  to  vote  at  said  special  elections 
and  their  respective  polling  places.  If  either  of  the  portions 
of  territory  described  in  the  first,  second  or  third  sections  of 
this  Act  shall  become  a  part  of  Baltimore  City  under  the  pro- 
visions hereof,  the  Mayor  and  City  Council  of  Baltimore  shall 
cause  a  map  or  plat  of  such  portion  or  portions  of  territory  so 
becoming  a  part  of  Baltimore  City,  certified  to  be  correct  by  the 
Mayor  of  said  city,  to  be  filed  and  recorded  among  the  land  rec- 
ords of  Baltimore  Citj^  in  the  ofiice  of  the  Clerk  of  the  Superior 
Court  of  Baltimore  City,  and  among  the  land  records  of  Balti- 
more County  in  the  office  of  the  Clerk  of  the  Circuit  Court  for 
Baltimore  County,  and  shall  also  cause  permanent  boundary 
stones  to  be  set  up  to  mark  the  boundaries  of  said  extension. 
The  Commissioners  above  mentioned  shall  each  receive  $7.00  a 
day  for  the  time  they  shall  be  properly  and  reasonably  engaged 
in  the  discharge  of  the  duties  imposed  on  them  by  this  Act, 


557    ■ 

to  be  paid  to  them  by  the  Mayor  and  City  Council  of  Baltimore ; 
the  surveying  work  required  by  this  section  shall  be  done  by  the 
Surveyor  of  Baltimore  City  and  Baltimore  County  at  a  compen- 
sation to  be  fixed  by  said  Commissioners,  and  to  be  paid  by  the 
Mayor  and  City  Council  of  Baltimore,  who  shall  also  pay  all 
other  reasonable  and  proper  expenses  incui-red  by  the  said  Com- 
missioners in  the  discharge  of  their  said  duties. 

Sec.  14.  Atid  he  it  further  enacted.  That  the  Clerk  of  the 
Circuit  Court  for  Baltimore  County  shall  cause  to  be  made  out, 
under  his  hand  and  the  seal  of  the  Court,  two  copies  of  the  poll- 
books  or  lists  of  qualified  and  registered  voters  of  the  following 
election  precincts  of  Baltimore  County  as  made  out  and  re- 
turned to  his  office  by  the  oflicers  of  registration  after  the  close 
of  their  October  sittings  in  the  year  1887,  that  is  to  say,  the 
first,  third,  fourth,  fifth  and  sixth  election  precincts  of  the 
third  election  district ;  the  first,  second  and  fourth  election  pre- 
cincts of  the  ninth  election  district;  the  fii^t,  third  and  fifth 
election  precincts  of  the  twelfth  election  district,  and  the  first  and 
second  election  precincts  of  the  thirteenth  election  district,  and 
any  other  precinct  embracing  any  portion  of  the  territory  by  this 
Act  proposed  to  be  annexed  to  the  City  of  Baltimore ;  and  also 
two  additional  copies  of  the  said  poll-books  for  the  said  first  pre- 
cinct of  the  ninth  district,  the  third  precinct  of  the  third  district, 
and  the  said  third  and  fifth  precincts  of  the  twelfth  district.  The 
expense  of  preparing  said  poll-books  to  be  paid  to  said  Clerk  of 
the  Circuit  Court  for  Baltimore  County  by  the  Mayor  and  City 
Council  of  Baltimore,  and  shall,  on  the  Saturday  preceding  the 
third  Tuesday  in  May,  1888,  deliver  the  said  poll-books  to  the 
Sheriff  of  Baltimore  County,  who  shall,  before  the  opening  of 
the  polls  on  the  morning  of  the  third  Tuesday  in  May  for  the 
liolding  of  the  elections  by  this  Act  provided  for,  deliver  to  the 
respective  judges  appointed  to  hold  said  election  in  each  of  said 
precincts  the  poll-books  or  lists  of  qualified  and  registered  voters 
pertaining  to  the  election  precinct  over  which  said  judges  are  to 
preside;  and  as  to  the  first  precinct  of  the  ninth  district,  he 
shall  deliver  two  copies  of  the  poll-books  for  said  precinct  to  the 
judges  holding  the  said  election  within  that  part  of  said  precinct 
which  is  within  the  territory  described  in  the  first  section  of  this 
Act,  and  the  other  two  copies  he  shall  deliver  to  the  judges 
holding  the  election  in  that  part  of  said  precinct  which  is  within 
the  territory  described  in  the  third  section  of  this  Act ;  and  as  to 
the  third  precinct  of  the  third  district,  he  shall  deliver  two  copies 
of  the  said  poll-books  for  said  precinct  to  the  judges  holding  tlie 
said  election  within  that  part  of  said  precinct  which  is  witliin 


558 


the  territory  described  in  the  first  section  of  this  Act,  and  the 
other  two  copies  he  shall  deliver  to  the  judges  holding  the  elec- 
tion in  that  part  of  said  precinct  which  is  within  the  territory 
described  in  the  second  section  of  this  Act,  and  as  to  the  third 
precinct  of  the  twelfth  district,  he  shall  deliver  two  copies  of  the 
said  poll-books  for  said  precinct  to  the  judges  of  election  holding 
the  said  election  in  that  part  of  said  precinct  which  is  within 
the  territory  described  in  the  first  section  of  this  Act,  and  the 
other  two  he  shall  deliver  to  the  judges  holding  the  said  election 
in  that  part  of  said  precinct  which  is  within  the  territory  de- 
scribed in  the  third  section  of  this  Act,  and  as  to  the  fifth  pre- 
cinct of  the  twelfth  district,  he  shall  deliver  two  copies  of  the 
poll-books  for  said  precinct  to  the  judges  holding  said  election 
in  that  part  of  said  precinct  which  is  within  the  territory  de- 
scribed in  the  first  section  of  this  Act,  and  the  other  two  copies 
he  shall  deliver  to  the  judges  holding  the  election  in  that  part 
of  said  precinct  w^hich  is  within  the  territory  described  in  the 
third  section  of  this  Act.  And  it  shall  be  the  duty  of  the  Com- 
missioners for  whose  appointment  provision  is  made  in  the  thir- 
teenth section  of  this  Act,  to  cause  to  be  made  and  printed,  sep- 
arate lists,  as  to  each  of  the  existing  precincts  of  Baltimore 
County,  of  the  names  of  all  the  persons  on  said  poll-books  who 
live  in  each  of  the  several  portions  of  territory  described  in  the 
first,  second  and  third  sections  of  this  x^ct,  which  lists  as  to 
each  of  said  precincts  shall  be  furnished  to  the  judges  of  elec- 
tions of  said  precinct  before  the  day  of  election,  to  assist  them 
in  the  discharge  of  the  duties  of  their  office,  and  shall  cause  the 
said  lists  to  be  posted  and  circulated  throughout  the  precincts  to 
which  they  respectively  belong,  at  least  five  days  before  the 
said  election. 

Sec.  15.  And  he  it  further  enacted.  That  when  any  portion 
of  the  territory  mentioned  in  this  Act  shall  have  been  annexed 
to  the  City  of  Baltimore  under  its  provisions,  the  Police  Com- 
missioners of  Baltimore  City  shall  proceed  forthwith  to  divide 
and  lay  oif  the  same  into  such  number  of  precincts  as  shall  in 
their  judgment  be  best,  and  having  as  nearly  as  practicable  an 
equal  number  of  qualified  voters  in  each  precinct,  and  being 
each  as  regular  in  form  as  is  reasonably  practicable,  designating 
the  same  precincts  by  numbers,  beginning  with  the  number 
181 ;  and  when  the  said  precincts  have  been  so  laid  out,  the 
Mayor  and  City  Council  of  Baltimore  shall  divide  the  said  pre- 
cincts into  such  numbers  of  wards  as  shall  give  to  each  ward, 
as  near  as  may  be  practicable,  the  same  number  of  inhabitants  as 
are  now  contained  in  one  of  the  present  wards  of  the  City  of 


559 

Baltimore;  the  number  of  wards  so  to  be  created,  however,  to 
be  an  even  niunber,  and  said  Board  of  Police  Commissioners 
of  Baltimore  Citv,  in  laying  off  said  precincts,  and  the  said 
Mayor  and  City  Council  of  Baltimore,  in  dividing  the  same 
into  wards,  shall  proceed  under  the  provisions  of  the  Act  of 
eighteen  hundred  and  eighty-two.  Chapter  2,  so  far  as  the 
same  shall  be  applicable,  but  the  times  mentioned  in  said  Act 
within  which  the  said  precincts  and  wards  therein  mentioned 
shall  be  laid  off,  shall  not  be  applicable  to  the  work  to  be  done 
under  this  Act.  There  shall  be  elected  one  member  to  the  First 
Branch  of  the  City  Council  of  Baltimore  from  each  of  the  said 
new  wards,  and  one  member  of  the  Second  Branch  of  the  Citv 
Council  of  Baltimore  shall  be  elected  from  everv  two  contiguous 
wards  of  the  said  new  wards ;  and  all  of  the  inhabitants  there- 
of shall,  in  all  respects,  and  to  all  intents  and  purposes,  be 
subject  to  the  powers,  jurisdiction  and  authority  vested,  or  to 
be  vested  by  law  in  the  Mayor  and  City  Council  of  Baltimore, 
and  to  all  the  ordinances  now  in  force,  or  hereafter  to  be  enacted, 
except  so  far  as  they  may  be  expressly  excepted  therefrom,  and 
except  so  far  as  the  same  may  be  inconsistent  with  the  provi- 
sions of  this  xict ;  and  the  parts  so  annexed  shall  in  all  respects 
be  taken  and  considered  as  part  of  said  City  of  Baltimore,  but 
the  provision  of  said  ordinance  relating  to  the  erection  of  frame 
buildings  in  said  city  shall  not  apply  to  the  territory  so  annexed 
until  expressly  made  applicable  thereto  by  ordinance  or  ordi- 
nances of  the  said  Mayor  and  City  Council. 

Sec.  16.  And  he  it  further  enacted.  That  the  Governor  shall 
nominate  and  appoint  one  additional  Justice  of  the  Peace  for 
each  ward  that  shall  be  set  oft'  under  the  provisions  of  this  Act. 

Sec.  17.  And  he  it  further  enacted.  That  the  several  por- 
tions of  territory  which,  under  the  provisions  of  this  Act,  shall 
be  annexed  to  the  City  of  Baltimore,  shall  remain  as  of  the 
same  congressional  district  or  districts  of  which  they  now  form 
a  part,  and  the  territory  described  in  the  first  section  of  this 
Act  shall  constitute,  if  annexed  to  the  City  of  Baltimore,  a  part 
of  the  second  legislative  district  of  said  city ;  the  territory  de- 
scribed in  the  second  section  of  this  Act  shall,  if  annexed  to 
the  City  of  Baltimore,  constitute  a  part  of  the  third  legislative 
district  of  the  said  city ;  and  the  territory  described  in  the  third 
section  of  this  Act  shall,  if  annexed  to  the  City  of  Baltimore, 
constitute  a  part  of  the  first  legislative  district  of  said  city. 

Sec.  18.  And  he  it  further  enacted.  That  the  Mayor  and 
City  Council  of  Baltimore  shall  pay  to  the  County  Commission- 
ers of  Baltimore  C()nnt\'  such  a  sum  as  shall  be  ascertained  to  be 


560 

a  fair  value  of  the  fire  engine  houses  and  the  fire  engines  and 
apparatus  used  in  connection  therewith,  and  the  station-houses, 
lamps  and  school-houses  within  the  limits  of  such  portions  of 
the  territory  described  in  the  first,  second  and  third  sections  of 
this  Act;  which  value  shall  be  ascertained  by  a  majority  of  a 
board  of  three  arbitrators,  one  to  be  appointed  by  the  Mayor 
and  City  Council  of  Baltimore,  and  one  by  the  County  Com- 
missioners of  Baltimore  County,  and  the  two  arbitrators  thus 
appointed  shall  appoint  the  third  arbitrator ;  and  if  they  cannot 
agree  upon  such  third  arbitrator,  the  latter  shall  be  appointed 
by  the  Governor  of  Maryland ;  the  amount  as  to  be  ascertained 
shall  be  paid  within  ninety  days  from  the  award  of  said  arbi- 
trators. 

Sec.  19.  And  he  it  further  enacted.  That  until  the  year 
nineteen  hundred,  the  rate  of  taxation  for  city  purposes  upon 
all  landed  property  situated  within  the  territory  which,  under 
the  provisions  of  this  Act,  shall  be  annexed  to  the  City  of 
Baltimore,  and  upon  all  personal  property  liable  to  taxation 
in  said  territory,  whether  owned  by  persons,  corporations  or 
otherwise,  and  upon  which  taxes  would  be  paid  to  Baltimore 
County  if  said  territory  should  not  be  annexed  to  the  said  city, 
shall  at  no  time  exceed  the  present  tax  rate  of  Baltimore  County ; 
and,  until  the  year  nineteen  hundred,  there  shall  not  be  for  the 
purposes  of  city  taxation  any  increase  in  the  present  assessment 
of  such  property  as  is  now  assessed;  and  all  property  in  the 
said  territory  which  is  not  now  assessed,  but  which  may  be  with- 
in the  same  period  liable  to  assessment,  shall  be  assessed  at  the 
same  rate  as  similar  property  is  now  assessed  in  said  territory ; 
and  during  the  said  period  up  to  the  year  nineteen  hundred,  the 
City  of  Baltimore  shall  expend  wnthin  said  territory  an  amount 
at  least  equal  to  the  amount  of  revenue  derived  from  taxation 
on  the  basis  herein  set  forth' from  the  said  territory,  in  affording 
to  the  residents  within  said  territory  the  rights  and  privileges 
accorded  to  and  enjoyed  by  the  residents  within  what  are  the 
present  limits  of  said  city;  but  nothing  in  this  Act  shall  be 
so  construed  as  to  require  the  expenditure  by  said  city  of  any 
greater  sum;  from  and  after  the  year  1900  the  property,  real 
and  personal,  in  the  territory  so  annexed,  shall  be  liable  to  taxa- 
tion and  assessment,  therefor,  in  the  same  manner  and  form  as 
similar  property  within  the  present  limits  of  said  city  may  be 
liable;  provided,  however,  that  after  the  year  1900  the  present 
Baltimore  County  rate  of  taxation  shall  not  be  increased  for 
city  purposes  on  any  landed  property  within  the  said  territory 
until   avenues,  streets  or  alleys,   shall  have  been  opened  and 


561 

constructed  througli  the  same,  nor  until  there  shall  be  upon 
every  block  of  ground  so  to  be  formed  at  least  six  (6)  dwelling 
or  store-houses   ready  for  occupation. 

Sec.  20.  And  be  it  further  etmcted.  That  if  any  portion  of 
the  territory,  described  in  this  Act  shall,  under  its  provisions, 
become  annexed  to  Baltimore  City,  the  County  Commissioners 
of  Baltimore  County  are  hereby  directed  in  lieu  of  such  places 
for  holding  elections  in  Baltimore  County  as  are  now  fixed  by 
law,  which  are  situated  within  the  territory  so  annexed,  to  fix 
other  places  for  the  holding  of  said  elections  outside  of  the  terri- 
tory so  aimexed,  and  if  the  annexation  of  any  territory  w^hich 
shall  be  annexed  under  the  provisions  of  this  Act  shall  leave  a 
part  of  any  election  precinct  of  Baltimore  County  still  within 
the  lines  of  said  county  and  a  part  within  the  annexed  terri- 
tory, then  the  part  so  left  within  the  lines  of  Baltimore  County 
shall  constitute  the  same  election  precinct  of  Baltimore  County 
a's  the  whole  now  constitutes,  until  the  County  Commissioners 
of  Baltimore  County  shall  make  other  provisions  in  relation 
thereto. 

Sec.  21.  And  he  it  further  enacted.  That  nothing  in  this 
Act  shall  affect  the  right  of  any  tvirnpike  or  toll-road  company 
heretofore  chartered  by  this  State  from  collecting  tolls  upon 
such  parts  of  their  roads  as  shall  under  this  Act  be  brought 
within  the  limits  of  Baltimore  City ;  nor  shall  any  provision  in 
the  charters  of  said  companies  which  prohibits  the  erection  of 
a  toll-gate  within  one  mile  of  Baltimore  City  operate  to  require 
the  removal  of  any  toll-gates  which  are  now  located  within  the 
territory  proposed  to  be  annexed  by  this  Act. 

Sec.  22.  And  be  it  further  enacted.  That  if  any  portion 
of  the  territory  mentioned  in  this  Act  shall  be  annexed  to  the 
City  of  Baltimore,  the  Mayor  and  City  Council  of  Baltimore 
are  hereby  authorized  to  increase  the  number  of  the  judges  of 
the  Appeal  Tax  Court  to  such  number  as  in  its  judgment  will 
be  adequate  for  the  proper  discharge  of  the  duties  of  said  Court. 

Sec.  23.  And  he  it  further  enacted.  That  the  county  taxes 
levied  for  the  year  1888  upon  persons  and  property  within 
such  portions  of  the  territory  as  under  the  provisions  of  this 
Act  shall  become  a  part  of  Baltimore  City  shall  be  collected 
by  the  Treasurer  of  Baltimore  County  in  all  respects  as  if  this 
Act  had  not  been  passed ;  but  one-half  of  said  taxes  so  collected 
shall  be  paid  to  the  Mayor  and  City  Council  of  Baltimore, 
and  the  said  Treasurer  is  hereby  authorized  to  employ  such 
additional  assistance  as  shall  be  needed  to  enable  him  to  com- 
ply with  the  provisions  of  this  section,  the  amount  to  be  paid 


562     • 

therefor  to  be  determined  by  the  Mayor  and  to  be  paid  by  the 
Mayor  and  City  Council  of  Baltimore. 

Sec.  24.  And  be  it  further  enacted.  That  if  the  territory 
described  in  the  first  section  of  this  Act  shall,  under  its  provi- 
sions, become  a  part  of  Baltimore  City,  the  Board  of  Police 
Commissioners  for  the  City  of  Baltimore  are  hereby  authorized 
to  appoint,  enroll,  arm  and  equip  thirty  (30)  policemen  in 
addition  to  the  number  they  are  now  authorized  to  appoint ; 
and  if  the  territory  described  in  the  second  section  of  this  Act 
shall,  under  its  provisions,  become  a  part  of  Baltimore  City,  the 
Board  of  Police  Commissioners  for  the  City  of  Baltimore  are 
hereby  authorized  to  appoint,  enroll,  arm  and  equip  fifteen  (15) 
policemen  in  addition  to  the  number  they  are  now  authorized 
to  appoint;  and  if  the  territory  described  in  the  third  section 
of  this  Act  shall,  under  its  provisions,  become  a  part  of  Balti- 
more City,  the  Board  of  Police  Commissioners  for  the  City  of 
Baltimore  are  hereby  authorized  to  appoint,  enroll,  arm  and 
equip  fifteen  (15)  policemen  in  addition  to  the  number  they 
are  now  authorized  to  appoint ;  and  the  said  Board  of  Police 
Commissioners  are  hereby  authorized  and  directed  to  divide 
such  of  said  territory  as  shall  become  a  part  of  Baltimore  City 
into  as  many  police  districts  as  they  shall  think  best,  and  to 
appoint  for  each  police  district  the  same  officers  as  they  are  now 
by  law  authorized  to  appoint  for  each  police  district  in  the 
City  of  Baltimore. 

Sec.  25.  A7id  be  it  further  enacted,  That  before  the  Mayor 
and  City  Council  of  Baltimore  shall  lay  any  water  pipes  along 
any  street,  road,  lane  or  avenue  in  the  territory  mentioned  in 
the  second  section  of  this  Act,  upon  which  the  Catonsville  Water 
Company  has  laid  its  pipes  and  other  water  appliances,  the  said 
Mayor  and  City  Council  of  Baltimore  shall,  if  said  company 
desires  to  surrender  said  pipes  and  water  appliances  in  such 
street,  road,  lane  or  avenue  to  the  Mayor  and  City  Council  of 
Baltimore,  pay  to  the  said  company  the  fair  value  of  its  water 
pipes  and  other  water  appliances  constructed  in  said  street,  lane, 
road  or  avenue,  and  such  actual  damages  to  the  said  company 
as  shall  be  caused  by  the  acquisition  of  said  pipes  and  appliances 
by  the  Mayor  and  City  Council  of  Baltimore ;  and  the  amount  so 
to  be  paid,  if  the  said  company  and  the  said  Mayor  and  City 
Council  of  Baltimore  cannot  agree  in  reference  thereto,  shall 
be  ascertained  by  a  majority  of  a  board  of  three  (3)  arbitrators, 
one  to  be  appointed  by  the  Mayor  and  City  Council  of  Balti- 
more, and  one  by  said  company;  and  the  two  arbitrators  thus 


563 

appointed  shall  appoint  the  third  arbitrator;  and  if  they  cannot 
agree  upon  such  third  arbitrator,  the  latter  shall  be  appointed 
by  the  Governor  of  the  State. 

Sec.  26.  And  be  it  further  enacted.  That  all  school  teachers 
who  shall  be  connected  with  the  public  schools  in  such  parts  of 
the  territory  described  in  this  Act  as  shall  be  annexed  under 
its  provisions  to  Baltimore  City,  shall  be  allowed  to  retain  their 
respective  positions  for  the  scholastic  year  beginning  September, 
eighteen  hundred  and  eighty-eight ;  and  such  teachers  shall  be 
deemed  qualified  and  continue  eligible  without  further  ex- 
amination to  occupy  positions  as  teachers  in  the  public  schools 
in  the  same  manner  as  if  they  had  complied  with  the  examina- 
tion now  required  for  teachers  in  the  public  schools  of  Balti- 
more City. 

Sec.  27.  And  be  it  further  enacted.  That  the  bridges  which 
the  County  Commissioners  have  heretofore  agreed  to  build 
within  the  limits  of  the  territory  which  may  become  annexed  to 
Baltimore  City  shall  be  completed  by  the  City  of  Baltimore; 
and  all  bridges  within  the  limits  of  the  territory  which  may  be- 
come annexed  to  Baltimore  City  by  virtue  of  this  Act  shall 
be  maintained  and  kept  in  repair  for  public  travel  at  the  ex- 
pense of  Baltimore  City ;  and  if  the  territory  described  in  either 
the  first,  second  or  third  sections  of  this  Act  shall,  under  its 
provisions,  be  annexed  to  the  City  of  Baltimore,  then,  and  in 
that  event,  all  bridges  crossing  the  Patapsco  River  from  said 
city,  including  the  bridge  known  as  the  ''Long"  or  Light  street 
bridge,  shall  be  maintained  and  kept  in  repair  for  public  travel 
at  the  sole  expense  of  the  said  City  of  Baltimore,  and  all  acts 
or  parts  of  acts  inconsistent  herewith  are  hereby  repealed. 

Sec.  28.  And  be  it  further  enacted.  That  this  Act  shall  take 
effect  from  the  date  of  its  passage. 

Approved  March  14,  1888. 

At  the  election  authorized  by  the  above  Act,  the  Northern  and  Western 
Annexes  became  a  part  of  the  city.  Annexation  of  the  Eastern  section 
was  defeated  by  a  vote  of  485  against,  to  317  for  annexation. 


564 

1914,  Chapter  463. 

CODE   OF   PUBLIC    GENERAL   LAWS. 


ARTICLE  33-A. 


EMINENT  DOMAIN. 


Regulating  the  Procedure  for  the  Acquisition  of 
Property  for  Public  Use  by  Condemnation. 


1.  The  proceedings  for  the  acquisition  of  private  property 
for  public  use  shall  be  as  follows : 

2.  The  proceedings  shall  be  begun  by  the  filing  of  a  petition 
in  the  Circuit  Court  for  the  county  in  which  the  property  sought 
to  be  condemned  is  situated,  on  the  law  side  thereof,  or  in  one 
of  the  law  courts  of  Baltimore  City,  if  such  property  is  situated 
in  Baltimore  City,  by  the  State,  municipal,  or  other  corporation, 
commission,  board,  body  or  person  seeking  to  have  the  property 
condemned,  and  against  the  owner  or  owners  thereof,  and  the 
husbands  and  wives  of  married  owners.  In  case  any  owner  or 
owners  is  or  are  not  known,  he  or  they  may  be  described  in  such 
petition  as  the  unkno^vn  owner  or  owners,  or  the  unknown  heir 
or  heirs  of  a  deceased  owner.  The  petition  shall  set  forth  a 
description  of  the  property  sought  to  be  acquired,  sufficient 
for  identification,  a  statement  of  the  purpose  for  which  same 
is  sought  to  be  condemned,  and  that  the  petitioner  is  unable 
to  agree  with  the  owner  or  owners  thereof,  or  that  one  or  more 
of  said  owners  is  or  are  under  some  legal  disability  to  contract, 
unknown  or  non-resident,  according  to  the  facts ;  and  the  said 
petition  shall  contain  a  prayer  that  the  said  property  may  be 
condemned. 

3.  Upon  the  filing  of  said  petition,  the  Court  or  any  Judge 
thereof  shall  pass  an  order  directing  a  summons  to  issue  for 
the  defendants,  to  be  served  in  the  same  manner  as  a  summons 
in  actions  at  law,  and  to  be  returned  by  some  day  to  be  named 
in  said  order,  not  less  than  ten  days  nor  more  than  twenty  days 
from  the  day  of  the  filing  of  said  petition.  If  any  defendant  be 
not  summoned  before  the  return  day  of  said  summons,  the  sum- 
mons may  be  renewed  from  time  to  time,  as  often  as  the  Court 
in  its  discretion  may  think  proper;  or  if  any  defendant  is  non- 
resident or  unknown,  or  is  returned  non  est,  the  Court  may  order 
the  Sheriff  to  set  up  a  copy  of  the  summons  for  such  defendants 
upon  the  property,  and  a  notice  to  be  published  once  a  week  for 
three  successive  weeks,  in  a  newspaper  published  in  the  county 


565 

where  such  property  is  situated,  and,  if  the  proceedings  be  in 
Baltimore  City,  in  one  daily  newspaper  published  in  said  city, 
requiring  such  defendant  to  appear  in  the  said  Court  on  or  be- 
fore a  certain  day  to  be  named  in  the  order,  said  day  to  be  not 
less  than  thirty  days  nor  more  than  forty  days  from  the  date 
of  the  first  publication  of  said  order,  and  show  cause  why  such 
property,  or  such  defendant's  interest  therein,  should  not  be 
condemned  as  prayed  in  the  petition. 

4.  Every  defendant  summoned  shall,  within  ten  days  after 
the  return  day  to  -which  he  is  summoned,  and  every  defendant 
appearing  shall,  within  ten  days  after  such  appearance,  file 
an  answer  showing  cause,  if  any  he  has,  why  the  property  men- 
tioned in  the  petition,  or  said  defendant's  interest  therein, 
should  not  be  condemned  as  prayed,  and  every  defendant  against 
whom  publication  has  been  duly  made,  as  hereinbefore  pro- 
vided, shall  file  an  answer  within  the  time  limited  in  such  order 
of  publication. 

The  Court  shall  have  power,  for  good  cause  shown,  to  extend 
the  time  for  answering.  In  default  of  answer  within  the  time 
hereinbefore  provided  or  any  extension  thereof,  as  aforesaid, 
such  defendant  shall  be  regarded  as  in  default,  so  far  as  the 
right  of  condemnation  is  concerned. 

If  any  defendant  summoned  as  aforesaid,  or  against  whom 
publication  has  been  made  as  aforesaid,  is  under  legal  disa- 
bility, by  reason  of  infancy,  insanity  or  any  other  cause,  the 
Court  upon  the  return  of  said  summons,  or  the  expiration  of 
the  time  limited  in  such  order  of  publication,  upon  the  applica- 
tion of  any  party  to  said  suit,  shall  authorize  the  duly  con- 
stituted guardian  or  committee  of  such  infant,  lunatic  or  person 
under  disability,  to  appear,  answer,  and  defend  for  him  within 
the  times  above  specified,  or  if  such  defendant  under  disability 
shall  have  no  constituted  guardian  or  committee,  the  Court  shall, 
upon  application,  appoint  some  suitable  person  as  guardian  ad 
litem  to  appear,  answer,  and  defend  for  such  defendant  under 
legal  disability,  within  the  times  above  specified,  and  when  such 
answer  of  such  guardian  ad  litem  or  committee  for  such  defen- 
dant shall  be  filed,  the  case  as  to  such  defendant  shall  be  re- 
garded as  ready  for  further  proceedings  for  said  condenniation 
as  hereinafter  provided. 

5.  The  Court  shall  have  the  same  power  to  permit  amend- 
ments of  the  petition,  answers  and  other  proceedings  as  in  other 
actions  at  law,  and  all  demurrers,  motions  and  other  proceed- 
ings therein,  except  as  otherwise  herein  provided,  shall  be  dis- 


566 

posed  of  in  accordance  with  the  rnles  and  practice  in  said  Court 
now  governing  in  the  trial  of  other  civil  cases  at  law. 

6.  Wlien  all  the  defendants  in  said  case  who  have  been  sum- 
moned or  published  against,  as  hereinbefore  provided,  have 
either  answered  or  are  in  default  as  aforesaid,  and  all  defendants 
under  legal  disability  have  answered  by  their  guardians,  com- 
mittees or  guardians  ad  litem,  as  hereinbefore  provided,  the 
case  shall  be  regarded  as  ready  for  trial,  and,  upon  the  applica- 
tion of  any  party  to  said  suit,  the  Court  shall  forthwith  set  an 
early  date  to  be  especially  fixed  by  it,  not  less  than  ten  nor  more 
than  twenty  days  from  the  date  of  said  application,  for  the  trial 
of  the  issues  of  law  and  fact  raised  in  said  case,  and  the  ascer- 
tainment of  the  compensation  or  damages  to  be  aw^arded  to 
the  defendants  in  case  it  shall  be  determined  that  the  land 
sought  by  the  petitioner  shall  be  condemned. 

7.  If  the  date  so  fixed  by  said  Court  shall  occur  during  the 
regular  sittings  of  any  term  of  said  Court,  at  which  a  regular 
jury  is  in  attendance  upon  said  Court,  or  can  be  procured  to 
attend,  the  said  case  shall  be  heard  before  a  jury  selected  from 
such  regiilar  panel,  but  if  the  date  for  said  trial  set  by  the 
Court  shall  occur  at  a  time  when  the  regular  jury  drawn  for 
that  term  has  been  discharged  and  cannot  be  re-assembled  under 
the  law,  then  in  such  case  the  Court  shall  forthwith  select  twenty 
(20)  good  and  lawful  men  from  the  names  upon  the  regular 
jury  list  of  the  last  Jury  Term  of  the  Court,  to  be  summoned 
by  the  Sherilf,  to  attend  as  jurors  in  said  Court  at  said  time  as 
fixed  by  the  Court  for  the  trial  of  said  case,  and  the  summoning 
of  said  jurors  and  the  empanelling  of  a  jury  of  twelve  men  from 
said  regular  panel  or  from  said  list  of  jurors  so  summoned  by  the 
Sherifl^,  shall  proceed  as  far  as  practicable  in  accordance  with  the 
rules  and  practice  obtaining  in  said  Court  for  the  selection  and 
empanelling  of  jurors  in  other  civil  cases. 

8.  As  soon  as  said  jury  is  selected  as  aforesaid,  the  jurors 
shall  be  sworn  by  the  Clerk  in  the  usual  manner  in  civil  cases, 
and  in  addition  to  the  usual  oath  in  such  cases,  they  shall  be 
sworn  to  justly  and  impartially  value  the  damages  which  the  de- 
fendant owner  or  owners  will  sustain  by  the  taking,  use  and 
occupation  of  the  property  described  in  the  petition,  by  the 
petitioner,  for  the  purposes  therein  set  out,  and  after  being  so 
selected  and  sworn,  the  Court  shall  direct  the  Sheriff  to  take  the 
jury  upon  the  ground  and  premises  sought  to  be  condemned,  to 
view  the  same  in  the  usual  way  in  condemnation  cases,  upon 
which  excursion  to  view  said  property  and  premises,  the  parties 
to  the  suit,  their  attorneys,  engineer  or  other  representative  shall 


obi 

have  the  right  to  attend  with  said  Sheritf  and  jury.  The  engi- 
neer or  other  representative  of  either  party  shall  upon  said  view, 
point  out  to  the  jury  the  property  sought  to  be  condemned,  and 
the  metes  and  bounds  thereof,  and  shall  show  the  jury  any 
adjacent  property  of  the  owners ;  but  upon  said  view  no  party 
to  the  proceedings,  or  his  attorney,  or  any  other  party,  except 
as  aforesaid,  shall  be  permitted  to  nuike  any  statement  or  re- 
mark to  the  jury  or  in  their  presence  relative  to  said  property. 

9.  After  said  view,  and  the  jury  has  returned  to  said  Court, 
the  trial  of  the  issues  of  law  and  fact  in  the  case,  relative  to 
the  right  to  condemn  said  land,  and  the  damages  which  will 
be  occasioned  to  the  defendant  owner  or  owners  thereof  by  the 
taking,  use  and  occupation  thereof  by  the  petitioner,  and  the 
amount  of  just  compensation  therefor  to  each  defendant,  and 
of  all  other  issues  which  may  properly  arise  in  said  case,  shall 
be  proceeded  with  before  said  Court  and  jury  in  the  same 
manner  and  under  the  same  rules  of  law  and  practice,  per- 
taining to  the  admissibility  of  evidence,  the  instructions  of  the 
Court,  and  all  other  matters  arising  under  said  proceedings,  as 
in  other  civil  cases,  except  as  herein  otherwise  provided.  Either 
party  may  except  to  any  ruling  of  the  Court,  admitting  or  ex- 
cluding evidence,  or  granting  or  rejecting  instructions,  or  made 
upon  any  other  motion,  exceptation  or  proceeding  in  the  cause, 
in  the  usual  method  of  trials  of  civil  cases,  and  in  case  of  appeal 
as  hereinafter  provided,  bills  of  exceptions  shall  be  presented, 
settled  and  signed  according  to  the  prevailing  practice  in  said 
Court. 

10.  Any  person  who  has  not  been  made  a  party  to  said  pro- 
ceedins's,  who  shall  have,  or  claim  to  have  any  interest  in  the 
property  sought  to  be  condemned,  may  voluntarily  intervene 
in  said  case,  at  any  time  before  the  trial  of  the  same,  and  upon 
petition  may,  by  order  of  said  Court,  be  made  a  party  defendant 
to  said  proceedings  upon  such  terms  and  conditions  as  the  Court 
shall  direct,  and  thereupon  may  take  part  and  defend  in  the 
trial  of  said  case,  and  shall  be  bound  by  said  judgment  in  the 
same  way  and  to  the  same  extent  as  if  such  person  intervening 
had  been  made  an  original  party  defendant  in  said  petition. 

11.  Any  verdict  rendered  by  said  jury  may  be  excepted  to 
within  the  time  allowed  by  the  rules  of  Court  in  other  civil 
cases;  or  within  the  time  of  said  rules  of  Court,  either  party 
may  file  a  motion  for  a  new  trial,  or  in  arrest  of  judgment,  or 
make  any  other  proper  motion  applicable  to  such  case  as  in 
ordinary  civil  cases,  and  said  motion  shall  bo  heard  and  dis- 
posed of  by  the  Court  as  speedily  as  reasonably  possible. 


568 

Upon  any  such  exceptions  or  motions,  if  the  Court  shall  set 
aside  the  verdict  of  the  jury,  it  shall  forthwith  within  the  time 
hereinbefore  provided,  set  a  new  day  for  the  trial  of  the  same, 
and  upon  said  day  so  set,  said  Court  shall  proceed  with  the 
selection  of  a  jury  as  aforesaid,  and  a  new  trial  of  the  case,  in 
all  respects  as  hereinbefore  provided,  and  so  on  until  a  final 
verdict  in  said  case  is  obtained. 

Upon  any  such  verdict  becoming  final,  if  the  same  shall  be 
for  the  defendant,  upon  the  right  to  condemn,  the  Court  shall 
forthwith  enter  a  judgment  in  said  case  for  the  defendant  with 
costs,  but  if  said  verdict  shall  be  for  the  petitioner  on  the  right 
to  condemn  and  assessing  damages  to  the  defendants,  the  said 
Court  upon  said  verdict  shall  forthwith  enter  a  judgment  in 
favor  of  each  defendant  against  the  petitioner  for  the  amount 
of  damages  or  compensation  awarded  to  each  of  said  defendants 
by  the  verdict  of  said  jury  and  his  proper  proportion  of  the 
costs. 

12.  Any  party  to  said  cause  may  appeal  from  any  such  judg- 
ment to  the  Court  of  Appeals  of  Maryland,  but  any  such  appeal 
shall  be  entered  in  writing  within  ten  days  from  the  date  of 
said  judgment,  and  all  bills  of  exceptions  desired  by  such  ap- 
pealing party  shall  be  prepared  and  presented  to  the  Court  to 
be  signed,  on  or  before  the  expiration  of  twenty  days  from 
the  date  of  said  judgment,  unless  such  time  for  settling  and 
signing  said  bill  of  exceptions  shall  for  good  cause  be  extended 
by  the  Court,  but  the  record  of  such  case  and  appeal  in  any 
event  shall  be  filed  with  the  Clerk  of  the  Court  of  Appeals  of 
Maryland,  within  thirty  days  from  the  date  of  the  entry  of  such 
appeal. 

13.  If  such  judgment  is  in  favor  of  the  petitioner  awarding 
compensation  to  the  defendants  and  no  appeal  is  taken  from 
such  judgment  by  the  defendant  within  ten  days  from  the  date 
of  said  judgment,  or  in  case  of  such  appeal  said  judgment  is 
affirmed,  the  petitioner  may  at  once  pay  to  the  defendant  owner 
or  owners  of  the  property  condemned,  the  amount  so  awarded 
him  or  them  respectively,  and  the  costs  as  determined  by  said 
judgment,  and  in  case  the  amount  of  such  judgment  and  costs 
is  duly  tendered  any  such  owner  who  refuses  to  receive  the  same, 
or  such  owner  is  out  of  the  jurisdiction  of  the  Court,  or  under 
legal  disability,  the  petitioner  may  pay  the  same  into  the  said 
Court,  into  the  hands  of  the  Clerk  thereof,  for  the  use  of  such 
owner  or  owners,  and  to  be  paid  him  or  them  at  any  time  there- 
after, and  upon  such  payment  being  accepted,  or  upon  such 
tender  being  made  as  aforesaid,  and  said  payment  made  into 
Court  as  aforesaid,  after  the  refusal  of  such  tender,  or  because 


569 

of  the  absence  or  legal  disability  of  such  owner  or  owners  as 
aforesaid,  the  petitioner  shall  at  once  become  vested  with  the 
title,  estate  or  interest  of  such  owner  or  owners  in  the  property 
so  condemned.  The  title  so  acquired  in  any  condemnation  pro- 
ceeding under  this  Act,  shall  be  an  absolute  or  fee  simple  title, 
and  shall  include  and  be  all  the  right,  title  and  interest  of  each 
and  all  the  parties  to  the  proceedings,  whose  property  has  been 
so  condemned,  unless  otherwise  specified  in  the  judgment  of 
condemnation. 

14.  Every  appeal  from  any  judgment  in  said  proceedings 
to  the  Court  of  Appeals  of  Maryland  under  this  Act,  shall  stand 
for  hearing  at  the  next  term  after  the  record  is  received  by  the 
Clerk  of  the  Court  of  Appeals,  if  that  Court  be  not  sitting,  or 
at  the  pending  term  if  the  Court  is  then  in  session,  and  the 
Court  of  Appeals  may  advance  the  hearing  of  such  appeal  in  its 
discretion,  and  if  the  final  decision  be  that  the  petitioner  is  not 
entitled  to  condemn  the  property,  a  reasonable  counsel  fee  to  be 
fixed  by  the  Court  shall  be  awarded  to  counsel  for  the  defendant 
and  taxed  against  the  petitioner,  together  with  the  other  costs 
of  the  case. 

15.  The  State,  and  any  municipal  or  other  corporation, 
commission,  board,  body  or  person,  which  under  the  laws  of  this 
State,  has  the  right  to  acquire  property  by  condemnation,  shall 
acquire  such  property,  if  condemnation  proceedings  be  resorted 
to,  in  pursuance  of,  and  under  the  provisions  of  this  Article, 
anything  in  any  other  Public  General  Law  or  Public  Local  Law 
or  private  or  special  statute  to  the  contrary  notwithstanding; 
provided,  however,  that  nothin  in  this  Article  contained  shall 
apply  to  or  change  the  present  law  or  procedure  for  the  opening, 
closing,  widening  or  straightening  of  highways. 

16.  In  any  proceeding  under  this  Act,  the  petitioner  shall 
pay  all  the  costs  in  the  lower  Court  to  be  taxed  as  in  ordinary 
actions  at  law,  and  also  the  usual  per  diem  to  the  jurors  in  the 
trial  of  the  case  which  shall  be  taxed  along  with  the  other  costs 
in  the  case.  The  costs  in  the  Court  of  Appeals  in  any  appeal 
from  any  proceeding  under  this  Act  shall  be  paid  as  directed 
by  said  Court  in  the  same  manner  as  costs  in  appeals  from  ordi- 
nary actions  at  law. 

17.  In  case  any  defendant  shall  appeal  within  the  time  afore- 
said to  the  Court  of  Appeals,  from  any  final  judgment  in  said 
lower  Court,  condemning  his  property  and  awarding  him  dam- 
ages and  costs  as  aforesaid,  the  petitioner,  if  he  or  it  so  desires, 
may  at  any  time  after  the  entry  of  said  appeal  tender  to  such 
defendant  or  defendants  appealing,  the  amount  of  the  compen- 
sation, damages  and  costs  so  awarded  by  said  jury  and  the  judg- 


570 

ment  of  said  Court,  and  if  any  such  defendant  or  defendants 
shall  refuse  to  accept  such  tender  of  said  judgment  and  costs, 
then  such  petitioner  may  pay  the  same  into  said  Court  into  the 
hands  of  the  Clerk  thereof  for  the  use  of  such  defendant  or  de- 
fendants so  appealing,  and  to  be  thereafter  paid  over  by  such 
clerk  to  said  defendant  or  defendants  at  any  time  such  defen- 
dants will  accept  and  receive  the  same,  and  upon  such  tender 
and  refusal,  the  petitioner  may  at  the  time  of  such  payment 
into  Court,  file  with  the  said  Clerk  a  bond  to  the  State  of  Marv- 
laud  in  such  penalty  as  said  Court  may  prescribe,  conditioned 
that  in  case  said  judgment  shall  be  reversed,  the  petitioner 
shall  well  and  truly  pay  and  satisfy  such  defendant  or  defen- 
dants so  appealing,  all  damages  which  may  be  caused  such  de- 
fendants by  the  petitioner,  by  taking  possession  and  using  the 
property  of  such  defendant  or  defendants  before  the  final  deter- 
mination of  his  or  their  appeal,  which  bond  shall  be  executed 
by  the  petitioner,  together  with  a  surety  or  sureties  approved 
by  said  Court,  or  the  Clerk  thereof,  and  upon  said  payment  into 
Court,  and  the  filing  of  such  bond,  the  petitioner  may  at  once, 
without  waiting  for  the  determination  of  said  appeal,  take  pos- 
session of  such  property  or  estate  or  interest  therein,  of  such  de- 
fendant or  defendants  so  appealing  from  said  judgment.  If 
said  judgment  shall  be  afiirmed  by  the  Court  of  Appeals,  said 
bond  shall  thereby  be  discharged,  and  title  to  said  property 
shall  then  vest  in  the  petitioner  as  aforesaid,  but  if  said  judg- 
ment shall  be  reversed  by  the  Court  of  Appeals,  then  said  peti- 
tioner shall  at  once  abandon  and  surrender  possession  of  said 
property  or  estate  of  such  defendant  or  defendants,  and  said 
bond  shall  thereupon  be  liable  to  such  defendant  or  defendants 
prevailing  upon  such  appeal,  for  all  damages  as  aforesaid  which 
have  been  occasioned  to  such  defendants  by  the  petitioner,  in 
taking  possession  and  using  the  said  property,  before  the  final 
determination  of  said  appeal, 

18.  In  the  event  that  section  17  should  be  declared  void  for 
any  reason  by  any  Court  of  last  resort,  such  invalidity  of  sec- 
tion 17,  if  so  declared,  shall  not  affect  the  validity  or  effect  of 
any  of  the  other  sections  of  this  Act,  it  hereby  being  declared 
to  be  the  intention  of  the  Legislature  that,  even  if  section  17 
be  declared  void,  the  remainder  of  the  Act  shall  stand,  and  to 
have  the  same  effect  as  if  said  section  17  had  never  been  enacted 
therewith. 

Validity  of  an  Act  cannot  be  questioned  on  parole  evidence. 

Jessop  V.  Baltimore,  121  Md.  562. 
This  Act  valid. 

Ridgely  v.  Balto.,  119  Md.  567. 


571 

1908,  Chapter  98. 

CON'TEACT  BETWEEN  BALTIMORE  CITY  AND 
BALTIMORE  COUNTY  AS  TO  USE  OF  OUT- 
FALL SEWER  BY  BALTIMORE 
COUNTY. 

AN  ACT  Authorizing,  Ratifying  and  Confikming  a  Cer- 
tain Agreement  Entered  Into  Between  the  Mayor 
and  City  Council  of  Baltimore  and  the  County  Com- 
missioners OF  Baltimore  County  in  Reference  to  the 
Construction  of  an  Outfall  Sewer  Constituting 
Part  of  the  New  Sewerage  Sy^stem  for  the  City'  of 
Baltimore,  in  the  Beds  of  Certain  Stri;ets  and  High- 
ways in  Baltimore  County. 

Whereas,  The  Mayor  and  City  Council  of  Baltimore  and 
the  County  Commissioners  of  Baltimore  County,  on  the  twenty- 
first  day  of  j\Iarch,  nineteen  hundred  and  seven,  entered  into  a 
certain  agreement,  in  the  words  and  figures,  to  wit :  ''This 
agreement,  made  this  twenty-first  day  of  March,  nineteen  hun- 
dred and  seven,  between  the  Mayor  and  City  Council  of  Balti- 
more, acting  by  and  through  the  agency  of  the  Sewerage  Com- 
mission of  the  City  of  Baltimore,  party  of  the  first  part,  and 
the  County  Commissioners  of  Baltimore  County,  acting  also  as 
the  Highways  Commission  of  Baltimore  County,  party  of  the 
second  part. 

Whereas,  It  is  necessary  in  the  construction  of  the  outfall 
sewer  to  be  used  in  connection  with,  and  as  a  part  of  the  new 
sewerage  system  for  the  City  of  Baltimore,  that  the  bed  of  Mon- 
ument street,  between  Highland  avenue  and  Tenth  street,  and 
the  beds  of  Eleventh  street,  Philadelphia  road.  North  Point  road 
and  Eastern  avenue  at  the  points  where  the  outfall  sewer 
crosses  said  streets,  roads  and  avenues,  as  shown  in  red  on  the 
accompanying  plat  hereto  attached,  marked  outfall  sewer,  plat 
No.  1,  should  be  occupied  by  the  said  outfall  sewer,  and  its  work 
and  appurtenances ;  and 

Whereas,  Said  party  of  the  second  part  is  willing  to  grant 
to  said  party  of  the  first  part  the  right  to  occupy  the  beds  of 
said  aforementioned  streets  and  roads,  with  said  outfall  sewer 
and  its  works  and  appurtenances,  for  the  purposes  aforesaid, 
subject  to  the  provisions  hereinafter  contained;  and 

Whereas,  The  terms  prescribed  by  said  party  of  the  second 
part  are  acceptable  to  said  party  of  the  first  part,  subject  to  said 
last   mentioned   provisions ;   now 


572 

Therefore,  This  agreement  witnesseth:  (1)  Full  authority  is 
hereby  granted  by  said  party  of  the  second  part  to  said  party 
of  the  first  part,  to  construct  and  forever  maintain  and  operate 
under  the  bed  of  Monument  street,  between  Highland  avenue 
and  Tenth  street,  and  the  beds  of  Eleventh  street,  Philadelphia 
road,  North  Point  road  and  Eastern  avenue,  at  the  points  where 
the  outfall  sewer  crosses  said  streets,  roads  and  avenues  as  shown 
in  red  on  the  accompanying  plat  hereto  attached,  marked  out- 
fall sewer,  plat  No.  1,  etc.,  said  outfall  sewer  and  its  works  and 
appurtenances,  the  same  to  be  constructed,  operated  and  main- 
tained as  a  part  of  or  in  connection  with  said  sewerage  system. 
(2)  In  consideration  of  the  rights  and  privileges  hereby  granted, 
the  party  of  the  second  part  shall  have  the  right  and  authority 
from  time  to  tilne,  to  tap  said  outfall  sewer  for  the  purposes  of 
disposing  of  the  house  sewage  and  drainage,  as  distinguished 
from  storm  water  drainage,  of  Highlandtown,  Orangeville  and 
Canton,  upon  payment  to  the  party  of  the  first  part  of  the  fair 
cost  to  the  party  of  the  first  part  of  disposing  of  the  sewerage 
thus  brought  into  the  outfall  sewer ;  the  said  fair  cost  to  include 
not  only  the  actual  cost  of  pumping  and  disposing  of  the  said 
sewerage,  but  also  the  pro  rata  cost  of  maintaining  the  disposal 
plant,  to  be  determined  annually  by  the  Board  of  Estimates. 
All  work  done  in  connection  with  the  said  tapping  of  said  out- 
fall sewer  shall  be  at  the  sole  expense  of  the  party  of  the  second 
part  and  shall  be  under  the  absolute  direction,  supervision  and 
control  of  the  Chief  Engineer  of  the  Sewerage  Commission,  or 
such  engineer  as  shall  be  in  charge  of  said  system  at  the  time 
of  said  tapping.     Nor  shall  any  sewer  constructed  by  or  under 
the  authority  of  the  party  of  the  second  part  be  connected  up 
with  said  outfall  sewer  until  the  same  has  been  passed  upon  and 
approved  by  the  Chief  Engineer  of  the  Sewerage  Commission, 
or  such  engineer  as  shall  be  in  charge  of  said  system  at  said 
time,  the  requirements  and  restrictions  in  such  cases  to  be  the 
same  as  those  imposed  in  similar  cases  upon  property  owners 
in  Baltimore  City;  provided,  however,  that  the  right  to  so  tap 
the  said  outfall  sewer  upon  the  terms  above  described  is  subject 
to  the  express  condition  precedent  that  this  agreement  shall  be 
ratified  by  the  General  Assembly  of  Maryland  as  hereinafter 
provided.     (3)  And  in  further  consideration  of  the  grant  of  the 
rights  and  privileges  aforesaid  by  the  said  party  of  the  second 
part  to  the  party  of  the  first  part,  said  party  of  the  first  part 
does  hereby  agree  to  present  to  the  General  Assembly  of  Mary- 
land, early  in  the  session  of  1908,  a  bill  ratifying  and  confirm- 
ing the  aforegoing  agreement,  and  further  agrees  to  urge  the 


573 

passage  of  said  bill  by  said  General  Assembly.  It  is  further 
understood  and  agreed,  that  said  party  of  the  first  part,  by  exe- 
cuting this  agreement,  does  not  admit  the  legal  necessity  of 
securing  from  said  party  of  the  second  part  the  right  and  auth- 
ority thus  granted,  but  on  the  contrary,  notwithstanding  said 
agi-eement,  claims  that  full  authority  to  occupy  the  public  high- 
ways of  Baltimore  County  with  said  outfall  sewer  and  its 
works  and  appurtenances,  without  securing  the  assent  of  said 
party  of  the  second  part,  was  granted  to  it  directly  by  Chapter 
349  of  the  Acts  of  the  General  Assembly  of  Maryland  for  the 
year  1904.  It  is  further  understood  and  agreed,  that  the  police, 
legislative  and  governmental  powers  of  the  General  Assembly 
of  Maryland  and  of  the  Mayor  and  City  Council  of  Baltimore 
are  in  no  sense  attempted  to  be  abridged  or  restricted  by  this 
agreement. 

Witness  the  hands  and  seals  of  the  parties  hereto. 

Test  :     As  to  commission  H.  W.  Rogers. 

(Signed)  Geokge  E.  Gaitiiek,  [seal] 

Mayor  ex  officio. 

Petek  Leaey^  Chairman,  [seal,] 

W.  D.  Platt,  [seal] 

J.  Edwakd  Mohler,  [seal] 

Morris  Whitridge,  [seal] 

Ira  Remsen,  [seal] 

Charles   England.  [seal] 
Sewerage  Commission  of  the  City  of  Baltimore. 

Test  :     As  to  County  Commissioners. 

(Signed)  E.  Stanton  Bosley. 

(Signed)  Henry  P.  Mann,  [seal] 

John  V.  Slade,  [seal] 

Geo.  W.  Yellott.  [seal] 

County  Commissioners  of  Baltimore  County,  acting  also  as 

Highways  Commission  of  Baltimore  County. 

Approved  as  to  form  and  legal  sufficiency  this  twenty-first 
day  of  March,  1907. 

(Signed)  W.  Cabell  Bruce, 

City  Solicitor. 
Joseph  S.  Goldsmith, 

Assistant  City  Solicitor. 


574 

Approved  as  to  form  and  legal  sufficiency  this  twenty-first 
day  of  March,  1907. 

(Signed)  Osboene  I.   Yellott, 

Counsel  to  the  Board. 
Approved : 
(Signed)  E.  Clay  Timanus, 

Mayor." 

And  Whereas,  At  the  time  of  the  execution  of  said  agree- 
ment, doubt  was  expressed  as  whether  or  not  the  parties  thereto 
had  full  authority  to  enter  into  the  same ;  and 

Whereas,  It  was  agreed,  as  therein  set  forth,  that  applica- 
tion should  be  made  to  the  General  Assembly  of  Maryland  for 
the  passage  of  an  act  ratifying  and  confirming  said  agreement. 
[ISTow,  therefore, 

Section  1.  Be  it  enacted  hy  the  General  Assembly  of  Mary- 
land, That  the  foregoing  agreement  be  and  the  same  is  hereby 
fully  authorized,  legalized  and  confirmed  in  every  and  all  re- 
spects as  fully  as  though  express  authority  had  been  conferred 
upon  the  parties  thereto  by  the  General  Assembly  of  Maryland 
at  the  time  of  the  execution  of  the  same. 

Sec.  2.  And  he  it  further  enacted.  That  this  Act  shall  take 
effect  from  the  date  of  its  passage. 

Approved  March  18,  1908. 


INDEX. 

PAGE 
ABANDONED   OB   UNCLAIMED   MONEY    OB    PROPEBTY. 

See  "Special  Police  Fund." 

Abatement  of  Nuisances. 
See  "Nuisances." 

Abatement  of  Tax  Assessments. 

By  appeal  to  Baltimore  City  Court,  note 149 

Abatement  of  Taxes. 

See  "Appeal  Tax  Court"  and  "Taxes." 

Manufactures,   to   encourage,    §6 44 

Record  to  be  kept  of,  §6 45 

Report  of  to  Mayor  and  City  Council,  §6 45 

Abatement  of  Wateb  Rates. 

Water  Board,  power  of  relating  to  water  rates,  §87A 105 

Absence  from  Duty. 

See  "Police  Commissioners." 

Absence  of  Members  of  City  Counch-. 
See  "City  Council." 

Absent  Owners,  etc. 

See    "Streets.    Bridges    and    Highways"    and    "Opening,    etc.. 
Streets." 

Abstracts  of  Title. 

Clerk  to  City  Solicitor  to  preserve  and  file,  §65 94 

Acceptance  of  Dedication. 

See  "Dedicated   Streets,"  note 34 

Account  of  Personal  Property. 
See  "Personal  Property." 

Accounts. 

See  "Comptroller." 

Jail,  books  of,   §125 129 

Treasurer  of  Police  Commissioners,   §752 403 

Acquittal. 

Costs  in  cases  of,  §340 231 

Recovery  of  costs  in  case  of,  §341 232 

Act  of  1816,  Ch.  209. 

Provisions  of    App.   545-548 

Act  of  1888,  Ch.  98. 

Provisions  of    App.   548-563 


57G  INDEX. 

PAGE 

Admission  Under  Practice  Act, 

See  "Courts — Law  Courts  of  Baltimore  City,"  sub-title  "Speedy 
Judgment  Act." 

Adverse  Possession. 

Doctrine  in  relation  to  highways,  note 34 

Advertising. 

Municipal  Journal,  §222b 186 

Advertisements. 

See  "Notice"  and  "Ordinances  and  Resolutions." 

Clerk  to  Commissioners  for  Opening  Streets  to  preserve  copies 

of  notices  and  certificates  for  publication,  §173 152 

Commissioners'  notice  before  proceeding  under  street  condem- 
nation ordinance,    §829 495 

Franchises,  publication  by  Comptroller,  §10 56 

Notice  of  application  to  adopt  streets  laid   out  in  partition 

proceedings,    §831    498 

Ordinance  for  opening,  etc.,  streets,  etc,  §828 494 

Proposals  from  contractors,  §14 57 

Sales  of  chattels  for  taxes,  §49 86 

Sales  of  property  for  street  benefit  assessments,  §182 163 

Sewers,  application  for  ordinance  to  construct,  §821 443 

Sewers,   notice   of   Commissioners  before   acting  under   ordi- 
nance,  §822    443 

Street  condemnations,  final  notice  of  right  of  appeal,  §177 159 

Street  condemnations  preliminary  notice  by   Commissioners, 

§177    159 

Tax  sales  of  land,  §43 82 

Tax  sales  of  property  to  be  advertised,  §43 82 

Taxes,  notice  to  pay,  §51 86 

Affidavit  Under  Practice  Act. 
See  "Courts." 

Agents  of  Municipal  Corporations. 

Decisions,   note    178 

Agreements. 

Landlord  and  tenant  as  to  notice  to  quit,  §851 530 

Aisles  or  Passageways  of  BriLoiNOS. 

Obstruction  of  in  buildings  of  public  assemblage,  §280 209 

Alienations  of  Property. 

See  "Assessment  of  Property"  and  "Appeal  Tax  Court." 

Alienee  to  be  assessed,  §166 145 

Appeal  Tax  Court  to  inquire  respecting,  §156 140 

Clerks  of  courts  to  furnish  lists  to  Appeal  Tax  Court,  §165. . .  144 

Reduction  of  assessments  on  account  of,  §156 140 

Allegations  in  Sales  Under  Decrees,  §724 377 


INDEX. 


577 


Almshouse.  page 

Admission  of  indigent  or  distressed  persons',  §108 125 

By-laws  and  rules,  Supervisors  to  make,  §111 125 

Disorderly  inmates,  correction  of,  §112 125 

Erection  and  regulation  of,  §6 17 

List  of  persons  committed  to,  §114 126 

Poor,  care  of  outside  almshouse,  §6 123 

Purveyor  of  provisions,  bond,  §116 126 

Purveyor  of  provisions,  salary  and  duties,  §115 126 

Superintendent,  duties,  §114 126 

Superintendent,  salary,  bond,  §113 126 

Transfer  of  prisoners  from  city  jail  to,  §143 133 

Ambassadors,  Ministers  and  Consuls. 

Exemption  from  immigrant  regulations,  §531 281 

Amusements. 

Street  exhibitions,  license  and  regulation,  §6 21 

Analysts. 

See  "Inspectors  and  Analysts." 

Anatomy. 

See  "Dead  Bodies." 

Anne  Arundel  County. 

Light  Street  Bridge,  joint  maintenance  of,  §6 42 

Annex. 

See  "Topographical  Survey"  and  "Taxes." 

Acquisition  of  street  railway  easements,  §800a 431 

Assessment  and  classification  of  property  in,  §4 3 

Condemnation  of  street  railway  easements,  \§800b 432 

Constitution  and  provisions'  of  this  Article  applicable  to,  §3.  2 

Dedication  of  streets  in,  §193 166 

New  police  station  houses  in,  §§786,  787,  788 425-426 

Personal  property  in  to  be  subject  to  levy,  taxation  and  assess- 
ment same  as  property  In  old  city  limits,  §4 3 

Property,   real  and   leasehold,   divided   into   three  classes   for 

taxation :    urban,  suburban  and  rural,  §4 3 

Street  condemnations   commenced   under   Art.   3   to   be   com- 
pleted  thereunder,    §3 3 

Streets,  etc.  of,  streets  of  city,  §3 2 

Turnpike  roads,  city  may  purchase  or  condemn,  §5 5 

Turnpike  roads  in,  right  to  collect  toll,  §5 5 

Annex  Footways. 
See  "Footways." 

Annex  Improvement  Commission. 

Member  of  Department  of  Public  Improvements,  §84 101 

Annexation  Act  of  1888,  Provisions  of App.  548-563 

"  (19) 


578  INDEX. 

Annual  Appropriations.  page 

See  "Estimates  for  Annual  Appropriations,"  "Appropriations," 
"Ordinance  of  Estimates"  and  "Board  of  Estimates." 

Annual  Levt. 

See  "Appeal  Tax  Court,"  "Assessment  of  Taxes"  and  "Taxes." 
Covers  all  property,  assessed  or  which  ought  to  have  been,  §171     150 
Levy  must  be  sufficient,  with  other  income,  to  cover  appro- 
priations, §40    80 

Police   expenses,    §747 399 

Annu.vl  Reports. 

See  under  titles  of  various  officials. 

Amusements. 

Licensing  and  regulating,   §6 46 

Apartment  Houses  and  Hotels. 

Fire  gongs  in,  see  "Fire  Regulations." 

Apparatus  of  Fire  Department. 
See  "Fire  Department." 

Appeal  Tax  Court. 

See  "Appeals,"  "City  Collector"  and  "Taxes." 

Abatements,  record  of,   §6 45 

Abatements,  report  of  to  City  Council,  §6 45 

Additional  assessment  may  be  abated   upon  filing  of  answer 

before  October  1,  §164A 143 

Alienations  of  property,  inquiry  and  allowance  for,  §156 140 

Allowance  to  petitioner  if  assessment  excessive,  §170 148 

Alteration  and  correction  of  assessments,  §167. 145 

Appeal  from  assessment  to  be  by  petition  §170 146 

Appeal  from  classification  as  well  as  assessment,  §170 146 

Appeal    to    Court    of    Appeals,    §170 148 

Appeals,  procedure  with  reference  to,  §170 147 

Appeals   from   assessments,   §170 146 

Appeals,   hearing  of,    §147 134 

Appeals  to  City  Court — from  assessment  and   classification, 

§170    146 

Appeals  to  City  Court  may  be  consolidated,   §170 147 

Appointment  of  members  of,  §146 133 

Averments    necessary    in    petition,    §170 146 

Assessment — revision    or    abatement    of — application    to    be 

made  before  September  1,  §167 145 

Assessment  of  personal  property  of  owners  moving  to  city 

§158 141 

Assessment  of  property  generally,  .§164A 142 

Assessment  of  property,  witnesses  to  appear  and  testify,  pen- 
alty for  failure,   §164A 143 

Assessment  of  real  estate  by  blocks,  §171 150 


INDEX.  579 

Appeal  Tax  Court — Continued.  page 
Assessment  to  be  affirmed  in  absence  of  evidence  to  contrary, 

§170 148 

Assessments' — notice  before  increasing  or  making  new,   §150 

: 135 

Assessments,  procedure  in  making,  §150 135 

Assessors,  compensation  of,  §149 135 

Assessors,  duties  of,  §148 134 

Baltimore  City  Court  to  re-assess  or  re-classify  but  not  to  de- 
clare void  assessment  or  classification,  §170 148 

Baltimore  City  Court,  trial  without  jury,  §170 147 

Building  permits  not  to  be  issued  until  taxes  are  paid.  §280a  210 

City  may  appeal  from  assessment  or  classification,  §170 146 

City  Register  to  furnish  list  of  holders  of  city  stock,  §151.  .. .  136 

City  stock  holders  penalty  for  failure  to  furnish  list,  §155a.  139 

City  stock  holders,  when  list  to  be  furnished,   §154 137 

Clerk  of,  salary  and  duties,  §146 134 

Clerk  to  transmit  return  of  assessments  to  State  Comptroller, 

§162 142 

Clerks,  assessors  or  employees,  penalty  for  failure  to  perform 

duties,    §164B 144 

Clerks  of  courts  to  report  chancery  sales,  etc,  §165 144 

Compensation  for  furnishing  State  Comptroller  list  of  holders 

of  City  stock,  §155 138 

Correction  and  revision  of  assessments,  §148 135 

Correction  of  assessments  when  property  alienated  or  removed 

from   city,    §166 145 

Court  of  review,  not  required  to  sit  as,  §147,  note 134 

Court  to  correct  account  and  assessments  of  property,  §147. .  .  133 

Department  of  Review  and  Assessment,  president  of,  §145.  . .  .  133 

Duties,  additional  may  be  prescribed,  §171 151 

Employees   of,  appointment,    §148 134 

Hearing  of  appeals,  §170 147 

Increase  of  assessment  or  change  of  classification,  §170.  . . .  .  148 
Interrogatories,  if  not  answered  20%  additional  assessment  to 

be  made,   §164A 143 

Interrogatories  relative  to  revision  and  correction  of  assess- 
ments, §157 140 

Interrogatorie.s — time  within  which  to  be  answered — penalty 

for  not  answering,  §164A 143 

.ludgment  of  Baltimore  City  Court,  when  final,  §170 148 

Levy  and  collection  of  taxes  not  stayed  by  appeal.  §170 148 

List  of  holders  of  City  Stock  to  be  corrected  annually,  §152.  .  137 

Manufactures,  encouragement  of,  §6 44 

Meetings  of,   §147 134 

Notice  of  asse.ssment  or  revision  of  assessment,  §164A 143 


580 


INDEX. 


Appeal  Tax  Court — Continued.                                                                   page 
Notice  to  contain  interrogatories — interrogatories  to  be  an- 
swered  under   oatli,    §164A 143 

Penalty  for  failure  to  appear  and  answer  interrogatories,  §157  140 
Permits  for  buildings  not  to  be  issued  until  taxes  are  paid, 

§280a 210 

Personal  property,  reduction  of  assessments  of,  §160 141 

Personal  property,  when  to  be  assessed  upon  Court's  inquiry, 

§159 179 

Practice  in  appeals,  §170 147 

President    of,    §146 133 

Proceedings  of  not  to  be  declared  void  if  due  notice  given,  §170  148 

Property,  newly  discovered,  assessment  of,  §169 146 

Property,  owners  moving  to  city  to  give  account  of,  §158.  . .  .  141 
Property  owner,  penalty  for  failure  to  answer  interrogatories, 

§164A 143 

Property  owner,  penalty  of,  how  remitted,  §164A 143 

Property,  removal  from  city,  §160 141 

Record  of  proceedings  of  Baltimore  City  Court,  §170 148 

Record  of  proceedings  of  to  be  produced  on  appeal,  §170.  . . .  147 

Refund  if  error  in  assessment  or  classification,  §170 149 

Return,  day  to  be  fixed  and  notice  given  before  assessment, 

§150 135 

Review  and  Assessment,  first  sub-department  of,  §146 133 

Revision  and  correction  of  assessments,  powers  and  procedure, 

§157 140 

Revision  of  assessments  to  be  made  every  five  years,  §164A. .  142 

Salaries  of  members,  §146 134 

Shares  of  stock,  assessment  of,  §155a 139 

Statement  to  City  Collector  to  contain  alphabetical  list  of  all 

personal   assessments,    §171 151 

Stock  of  banks  and  other  incorporated  institutions.  §155a.  .  .  138 

Summons  in  trial  of  appeal,  §170 147 

Summons  and  inquiry  to  aid  in  revision  of  assessments,  §157.  .  140 

Taxable  basis,  preparation  of  statement  of,  §171 150 

Taxable  basis,  statement  to  City  Collector  and  Board  of  Esti- 
mates,  §171 151 

Term  of  office,  §146 133 

Transfers    and    corrections,    §147 134 

Trial  in  Baltimore  City  Court  to  be  de  novo,  §170 147 

Who  may  appeal  from  assessment  or  classification,  §170....  146 

Witnesses,  power  to  summon  and  interrogate,  §164A 143 

Appeals. 

See  "Appeals  from  Assessments."  "Appeal  Tax  Court,"  "Build- 
ings,"   "Commissioners   for   Opening   Streets." 

See  "Condemnation  of  Property,"  "Landlord  and  Tenant,"  and 
"Opening,  closing,  etc  Streets." 


INDEX.  581 

Appeals — Continued.  page 

Appeal  Tax  Court  to  hear  §147 134 

Appeal  from  State  Tax  Commissioner  by  City  §170a 149 

Arbitration  Committee  of  Corn  and  Flour  Exchange,  from  de- 
cisions  of,    §228 192 

Baltimore  City  Court,  from  tax  assessments,  §170 146 

Building  permits,  from  refusal  of  Appeal  Tax  Court  to  issue, 

§2S0a 210 

City  Council,  action  in  refusing  to  qualify  member.  S217....  178 

City  Solicitor  to  order  in  behalf  of  city,   §66 94 

Condemnation  proceedings,  Baltimore  City  Court  to  hear  and 

determine,    §320 227 

Condemnation  proceedings,  city  has  right  of  appeal,  §320...  227 

Condemnation  proceedings,  city  must  provide  for,  §6 9 

Condemnation  proceedings,  practice  and  procedure  in  Balti- 
more City  Court.  §320 227 

Costs  in  appeals  from  Justices  of  the  Peace.  §389 246 

Costs  of  Justices  of  Peace  to  be  paid  before  trial  in  Baltimore 

City  Court,   §319 226 

Dispossession  of  tenants,  §861-863 532-533 

From   State  Tax  Commissioner,  decision  of  Comptroller  or 

Treasurer  to  be  final,  §170a 150 

From  State  Tax  Commissioner,  grounds  to  be  stated,  §170a. .  150 

From  State  Tax  Commissioner,  when  to  be  taken,  170a 149 

Grading,  paving,  etc,  streets,  §6 35 

Jones  Falls  condemnation  proceedings,  §6 19 

Mayor  to  approve  in  city  cases.  §66 94 

Water  supply,  condemnation  of  property  for.  §6 49 

Sewer  construction,   §818 442 

Squares,  springs  and  monuments.  §6 30 

Street  condemnation  appeals,  consolidation  of,  §179 161 

Tax  appeals,  allegations  necessary  in  petitions,  §170 146 

Tax  for  unpaid  paving  assessments,  appeal  from,  §6 37 

Appearance  fee. 

See  "Criminal  Court." 

Applicants  for  Examination. 
See  "Police  Examiners." 

Appointment  of  Police. 

See  "Police  Commissioners." 

Appointment  to  Office. 

See  under  titles  of  various  officials 

Coroners,    §294 214 

Mayor,   power  of,   §25 63 

Sewerage  Commission,  §824a 444 

Appointments  in  Fire  Department. 
See  ''Fire  Department." 


582  i>«'i>EX. 

Appeopkiatioxs.  page 

See  "Board  of  Estimates,"  "Police  Commissioners"  and  "Spec- 
ial Police  Fund." 

Annual  estimates  for,   §36 72 

Baltimore  Manual  Labor  School  for  Indigent  Boys,  §816 440 

Decisions,  note 179 

Fire  department,  pensions  and  relief  of  widows  and  children, 

§445 256 

Houses  of  refuge  and  reformation,  §517-517f 276-278 

Indigent  poor,  support  of,  §105 123 

Mayor  may  approve  or  disapprove  items,  §23 62 

Poor  in  private  institutions,  §106 123 

Veteran  Volunteer  Firemen's  Association,  §448 258 

Approval,  of  Bonds. 
See  "Bonds." 

Approval  of  Contracts. 
See  "Contracts." 

Approval  of  Ordinances. 
See  "Mayor." 

Arbitration  Committee  of  Corn  and  Flour  Exchange. 

Appeal,   §228 192 

Authority  and  jurisdiction  of,  §227 191 

Award  by  agreement  final,  §228 191 

Award,  secretary  to  furnish  copies,  §227-228 191 

Controversies  submitted  in  writing,  §226 190 

Costs,    §227 191 

Directors  to  elect  §226 190 

Diss'enting  opinion,  §227 191 

Duties  of,  §226 190 

Practice  and  procedure,   §227 191 

Process  and  subpoena,  §227 191 

Records.    §227 191 

Stay  of  judgment,  §228 192 

Striking  out  judgments,  §228 192 

Vacancies  on  committee,   §226 190 

Arbitration,  Court  of. 

Affidavit  of  successful  party,   §225 189 

Affreightment,    §223 187 

Agency,  §223 187 

Application  for  writ,  §225 189 

Bailment,  §223 187 

Bills  of  exchange,  §223 187 

Bills  of  lading.   §223 187 

Board  of  Trade  to  organize,  §223 186 

Clerk,    §224 188 

Commercial  paper,   §223 187 

Compensation   of  judges,    §224 188 


INDEX.  583 

Arbitratiox,  Court  of — Continued.  page 

Contracts  of  sale,  §223 187 

Contracts  of  work  and  labor,  §223 187 

Costs,   §224 188 

Decree,    §225 189 

Docket,   §225 189 

Duties  of  judge  and  clerk,  §224 188 

Execution,   §225 190 

Fee,   §224 189 

Guaranty,  §223 187 

Habere  facias  possessionem,   §225 190 

Hearings.   §224 188 

Insurance,    §223 187 

Judge,  election  of,   §224 187 

Lay   arbitrators,    §224 188 

Manufacturing,   §223 187 

INIechanic  arts.   §223 187 

Navigation.    §223 *    187 

Partnership.    §223 187 

Personal  chattels,  §225 190 

Pleadings.    §224 188 

Practice.  §224 188 

Promissory  notes,  §223 187 

Qualification  of,  §224 187 

Recovery  of  property,  §225 190 

Rent,   §223 187 

Rules,  validity  of,  §224 188 

Submission  in  writing,  §223 187 

Term  of  judge  and  clerk.   §224 188 

Ariutratiox. 

Wood,  disputes  relating  to  measurement  of,  §599 299 

Arches  or  Gateways. 

Art  Commission  to  approve.  §202    171 

Architectural  Clue  of  Baltimore. 

To  appoint  member  of  Art  Commission,  §201 171 

Arrest  of  Judgment. 

See  "Courts." 

Motions  in,   §300 217 

Arrest  ox  Warrant. 

See  "Sheriff's  Fees." 
Arrests. 

See    "Justices    of    the    Peace,"    "Police    Commissioners,"    and 
"Vagrants  and  Disorderly  Persons." 

On  warrant,  duty  of  police,   §G42 325 

Pickpockets  and  common  thieves  on  premises  of  railroads  or 

on  ferry  boats,    §784 424 

Premises  of  railroads,  pickpockets  and  common  thieves  on.  §784  424 

Without  warrant,  duty  of  police,  §642 325 


584  INDEX. 

Art  Commission.  page 

Approval  of  statues,  fountains,  etc.,  §202 171 

Composition  of.  appointment,  §201 171 

Members,  societies  to  select,  §201 171 

Members,  when  Mayor  to  select,  §201 171 

Public   structures,   advice   on,    §202-203 171 

Report  to  City  Council  on  proposed  public  buildings,  etc,  §203. .  171 

Vacancies,  how  filled,   §203 171 

AssAUXT  AND  Battery. 

Assaults,  between  6  P.  M.  and  6  A.  M,  penalty,  §229 192 

Firemen  on  duty,  §447 257 

Justices  of  Peace  at  station  houses  to  try  cases.  §632 317 

Pleadings  and  necessary  averments,  §230 192 

Presentment  or  indictment,  necessary  allegations,  §231 193 

Recognizance    and    commitment,    §230 192 

Sentence,    §230 193 

Trial,  §231 193 

Assent  to  Decree. 

See  "Mortgages." 
Assessing  Damages  in  Grading,  Paving,  etc..  Streets. 

See  "Streets,  Bridges  and  Highways"  and  "Grading.  Paving, 
etc.,  Streets." 

Assessment  of  Benefits  in  Grading,  Paving,  etc.,  Streets. 
See  "Grading,  Paving,  etc..  Streets." 

New  Boundary  Avenue,   §838b 502 

North  Avenue,   §838 501 

Assessment  of  Personal  Property. 

Account  of  to,  and  assessment  by.  Appeal  Tax  Court.  §158.  . . .  141 

Reduction  of  assessment  because  of  removal,  §160 141 

Assessments. 

See    "Appeal    Tax    Court,"    "City    Collector,"    "Opening,    etc., 

Streets"  and  "Taxes." 
Abatement  of  nuisances   (See  '"Nuisances.") 

Benefits  and  damages  in  opening,  etc.,  streets,  §175 152 

Benefits,  City  Collector  to  send  bills  for,  §181 163 

Benefits,  lien  of;   damages,  investment  of,  §185 164 

Grading  and  paving,  appeals  from,  §6 36 

Opening,  extending  and  widening  streets,  §6 32 

Squares,   springs  and  monuments,    §6 30 

Tax  Assessments. 

Alteration  and   change,    §164A 143 

Alteration  and  correction,  §167 183 

Appeal  Tax  Court  to  hear  appeals  and  make  corrections, 

§147 : 134 

Appeals    from,    note 149 

Appeals    from,    §170 146 

Correction  and  revi.sion  by  Appeal  Tax  Court,  §148 134 


INDEX.  rrox 

Tax  Assessments. — Continued.  pagk 

Duty  of  Appeal  Tax  Court  before  increasing.  §150 135 

Escaped  property,  §171 150 

Executors  and  administrators,  property  in  iiands  of.  §108  145 

General   revision  every   five   years,   §1G4A 142 

Notice   before   increasing,    §150 135 

Omitted,  acquired  or  disposed  of  property,  §167 145 

Omitted  property,   §171 150 

Powers   of  Appeal   Tax  Court  in  general,    §164A 142 

Record  of  taxable  property,   §161 141 

Return  to  be  made  to  State  Comptroller,  §162 142 

Transfers  of  property,  correction  of  assessment,  §166....  145 
Assessors. 

Appointment.  §147 134 

Compensation.    §149 135 

Duties,   powers,    §148 134 

Penalty  for  neglect  of  duty  or  corrupt  conduct.  §164B 144 

Assignments. 

See  "Coroners." 

Street  opening,  etc.,  assessments.  §174 152 

Assistant  City  Solicitors,  §62 92 

AssiST.\NT  Counsel  for  State. 

Appointment,    §350 233 

Levy  to  pay  compensation  of,  §351 233 

Attachment  for  Contempt. 
See  "Sheriff's  fees." 

Attorney  General. 

Railroads,  hours  of  labor,  penalty  for  exceeding.  §794 428 

Attorney  of  Prisoners. 

May  visit  prisoners   in  jail,   §137 131 

Auction  Sales. 

See  "Auctioneers." 

Auctioneers. 

Affidavit  where  no  sales  made,  §269 202 

Appointment  by  Governor,   §240 194 

Appointment  from  another  state,  effect  of,  §256 198 

Bond,  books,  maps,  prints,  etc,   §244 195 

Bond,  liable  for  malfeasance,  §271 203 

Bond,   suits  on,    §268 .  202 

Bond,  when  new  security  to  be  given,  §255 197 

Bond,  when  sales  over  $150,000,  §243 195 

Bond,  when  sales  under  $150,000,  §241 194 

Books,  etc,  license   for  sale  of,    §244 195 

Certificates,  accompanying  returns,  §267 201 

City  Comptroller  to  report  duties  to  State  Comptroller,  §276. .  .  204 

Commissions  on   books,  etc,   §260 198 


586  INDEX. 

Auctioneers. — Continued.  pai";k 

Commissions  on  sales  in  excess  of  $150,000,  §262 199 

Commissions  on  sales  under  $150,000,  $261 199 

Death  of  licensee,  §247 196 

Disqualification,  §270 203 

Duties  on  Auction  Sales. 

Calculation  of,   §235 193 

Channel  and  harbor,  duties  up  to  $20,000.  applied  to  deepening, 

S274 204 

Disbursement  by  city,  §275 204 

Excess  over  $20,000  payable  to  State  Treasurer,  276 204 

Lien  on  land,  etc  sold,  §237 193 

How   applied,    §274 204 

Payment  of.    §235 193 

Private  sales,  no  duties  on,  §236 193 

Purchaser   to   pay,    238 194 

Report  quarterly  to  City  Comptroller,  §266 200 

Horses  and  Carriages.  ' 

License  for  sale  of,  §245 195 

Mayor  to  designate  places  of  sale,  §258 198 

Registry  of  horses  sold  to  be  kept,  §259 .  198 

Registry  to  be  deposited  with  Clerk  of  Court  of  Common  Pleas, 

§259 198 

Regulations  by  Mayor  relating  to  sale,  §258 198 

License. 

Effect  of  failure  to  take  out,  §253 197 

Issued   by   State   Treasurer,    §249 196 

Leather,  iron  and  tobacco,  license  not  required,  §278 205 

May  be  issued  nunc  pro  tunc,  §246 195 

Persons  authorized  to  sell  under,  §  264 200 

Place  of  .sale,  one  only,  §264 200 

Privileges  of  licensee,  §242 195 

Salef  over  $150,000.  §243 195 

Sales   under   $150,000,    §241 194 

Oath. 

False  swearing,  penalty,  §273 204 

Penalties. 

Against  auctioneer,  §242 195 

Failure  to  make   returns,    §268 202 

False  swearing,   §273 204 

Fraud  or  deceit,  §271 203 

Partners  to  be  designated  in  writing,  §257 198 

Sales  without  appointment,  §250 196 

Sales  without  license.  §246 196 

Sales    without    recognizance.    §251 197 

State's  Attorney  to  prosecute  for,  §272 203 

Suit  on  bond,  §268 202 


INDEX. 


587 


Penalties. — Continued.  page 

Unauthorized  sales,    §252 197 

Violation  of  privileges  of  license,  §265 200 

Illegal  commission.  §263 199 

Recognizances. 

Clerk  of  Court  of  Common  Pleas  to  take,  §248 196 

Duplicate  to  be  delivered  to  State  TreasTirer,  §248 196 

Renewable  annually,  §254 : 197 

Sales. 

Affidavit  when  no  sales  made,  §269 202 

Bond  when  sales  do  not  exceed  $150,000,  §241 194 

Bond  when  sales  exceed  $150,000,  §243 195 

Fraudulent  and  void  sales.  §239 194 

Leather,  iron  and  tobacco  by  manufacturers,  §278 205 

Wharves,  proviso   when   city  makes   charges,    §277 205 

Audit  Clerk. 

Appointment  by  Comptroller.  §34 69 

AUTOMOBLLES. 

See  "Carriages,  Horses  and  Automobiles,  Hackney  Carriages." 

Speed,    etc.,    in    parks,    §93 107 

Awards. 

See  "Board  of  Award.s"  and  "Bids  and  Awards." 

Aw.\ixc;s. 

See  "Buildings"  and  "Sidewalks." 

Bail. 

Attachment  for  traverser  or  prisoner  on  forfeiture  of.  §347.  .  .  233 

Bonding,  guarantee  or  trust  companies  as  recognizor.  827Sg.  .  .  .  206 

Clerk  of  Criminal  Court  may  take,  §278a 205 

Court  to  fix  amount  of,   §278 205 

Criminal  offences  committed  in  counties,  §444 255 

Defendant,  presence  of  or  joinder  in  recognizance  not  required, 

§278a 205 

Defendant's  own  recognizance,  §278c 205 

Enforcement  of  forfeitures,  §348 233 

Forfeit  for  non-appearance  of  defendant,  §27Sk 207 

Forfeiture    of,    §347 232 

Forfeiture  of  bail  before  police  justice.  §27Sk 207 

.ludge  or  clerk  to  sign  recognizance,  §278d 206 

Oath  of  recognizer.   §278i 207 

Oftences  not  bailable,  §278h 207 

Police  justice  to  note  forfeiture  on  recognizance,  §278k 207 

Police  justices,  power  with  reference  to,  §278h 207 

Property  qualifications,  recognizor  without,  §278c 205 

Recognizance,  before  police  justice  or  in  habeas  corpus,  §278e.  206 

Recognizance,  form  of,  §278d 206 

Recognizance,  record  of,  §278f 206 


588 


INDEX. 


Bail — Continued.  page 

Recognizance,  when  forfeited  becomes  judgment.   §278e 206 

Recognizance  to  become  record  of  Criminal  Court,  §278j....  207 

Recognizor,  lien  on  property  of,  §278e 206 

Recognizor,  who  may  be,  §27Sg 206 

Recognizor  to  give  particulars  of  property,  oath,  §278d 206 

Surety  companies  as  recognizors,  §278g 206 

Bailliffs  and  Ceiers. 

See  ''Orphans'  Court." 

Clerks  of  courts  to  certify  salaries  of.  §372 ' 241 

Salaries,  amount  of  and  payment,  §372-374 241 

Bakeries. 

Inspectors  and  Analysts,  appointment  of,  §73 96 

Bakeries  and  Confectioneries. 

Inspection    of,    §6 IS 

Balconies,  Bay  Windows,  etc. 
See  "Buildings." 

Ballots. 

Decisions',  note 179 

Baltimore  and  Eastern  Shore  R.  R.  Co. 

Bonds  of.  indorsement  of,  §826 460 

Baltimore  &  Ohio  Southwest  Baltimore  Grade  Crossing  Changes. 

Damages,  city  to  pay,  §837a 501 

Baltimore  City  Court. 

See  "Courts — Law  Courts  of  Baltimore  city." 

Appeals  to  from  Commissioners  for  Opening  Streets,  §179 160 

Appeals  to  from  tax  assessments  and  classifications,  §170 146 

Baltimore  County. 

Act  autliorizing  use  of  Out  Fall  Sewer  by .  App     571-574 

Bank  Stock,  Bonds,  etc. 

When   exempt   from   taxation,    §6 43 

B.^.nks. 

See  "Shares  of  Stock." 

Business  day,  §279b 208 

Hours  on  Saturday,  §279b 208 

Bar  Maids. 

Employment  of,  how  punishable,  §901 541 

Employment  of  women  as,  forbidden,  §900 541 

Barrels. 

Dimensions  of,  for  measuring  peas  and  beans.  §532 281 

Inspector  of  Weights  and  Measures  to  inspect,  penalties.  §534.  .     282 
Peas  and  beans,  dimensions  of  barrel  to  be  stamped  thereon 

§533 282 

Bass,  Striped. 
See  ''Fish." 


INDEX.  5S9 

Bay  View  Asylum.                                                 .  page 

See  "Almshouse.' 
Convicts,  lunatic  and  insane  in,  §120a 127 

Beaxs. 

See  "Peas  and  Beans." 

Beggars 

Almshouse,  list  of  those  committed  to,  §114 126 

Beneficiaries  of  Special  Police  Fund. 
See  ''Special  Police  Fund." 

Benefits. 

See  "City  Collector,"  "Condemnation  of  Property,"   "Grading, 

Paving,    etc.,    Streets,"    "Opening,    Closing,    etc.,    Streets" 

and  "Sewers." 

New  Boundary  ave.,  §838b 502 

North  Avenue,  §838 501 

Sewers,  constructing  and  opening,  §818 441 

Street  benefits,  lien  until  paid,  §185 164 

Street  benefits,   sales  for  non-payment  of,    §182-184 163-164 

Streets,  opening,  closing,  etc,  §175 152 

Bidders. 

See  "Board  of  Awards"  and  "'Contracts."  §15 58 


Bids  and  Awards. 

See  "Board  of  Awards"  and  "Contracts." 

Regulations  governing  same,  §15 58 

Bids  for  Stationery. 
See  "Librarian." 

Billiard  and  Bagatelle  Tables. 
See  "Licenses." 

Bills  of  Exception. 

When  to  be  signed,  §316 225 

Bills  of  Exchange  and  Promissory  Notes. 

Acceptance,  §279b 208 

Bills  for  collection,  §279b 208 

Demand  notes,  §279b 208 

Dishonor,  §279b 208 

Holidays,  legal,   §279b 208 

Interest,  computation  of,   §279b 208 

Presentation,    §279b 208 

Protest,    §279b 208 

Saturday  half  holiday,   §279b 208 

Sunday,  notes  due  on,  §279a 208 

Blind. 

See  "Deaf.  Dumb  and  Blind." 


D 


90  INDEX. 


BoARn  OF  Awards.               .  page 

Alternative  bids,  §15 58 

Bids  to  be  opened  by,  §15 58 

Checks  of  iinsccessful  bidders'  to  be  returned,  §15 59 

Membership  of.    §15 58 

Powers  of,  §15 58 

Board  of  Estimates. 

Advertisement  of  applications  for  franchises,  SIO. 56 

City  Council  not  to  increase  appropriations  in  Ordinance  of 

Estimates,    §36 71 

Consulting  engineer,  appointment,  salary  and  duties,  S36B.  ...  75 

Contingent  Fund,    §38 79 

Cepartment  of  Legislative  Reference,  expenses,  §208C 174 

Departmental    estimates,    §3G 71 

Estimates  for  annual  appropriations,  §3G 72 

Estimates  for  new  improvements,  §36 72 

Finance,  head  of  third  sub-department  of,  §36 71 

Finance,  to  be  officials  of  Department  of,  §32 68 

Franchises,  duties  of  Board  in  granting,  §37 76 

Meetings  of,   §36 71 

Membership  of,  §36 71 

Minor  privileges,  §37 77 

Park  tax  on  street  railways  in  annex,  may  assent  to  modifica- 
tion of,   §800a 431 

Paving  Commission,  annual  appropriation,  §841z 521 

Powers  of,  §36 71 

Powers  relating  to  franchises,  §37 76 

President    of,    §36 71 

Private  claims  to  be  approved  by,  §39 79 

Public  improvements  costing  over  $2,000,  opinion  on  to  be  given 

to  City  Council,  §85 102 

Purchases',  other  than  supplies  and  materials,  involving  $500  or 

more  to  be  approved  by,  §36B 75 

Salaries,  Board  may  increase  or  decrease,  §36A 75 

Street  railway  franchises  in  annex,  when  it  may  grant  perpet- 
ual franchises,  §800a 431 

Surplus  revenue,  disposition  of,  §36 74 

Taxable  basis,  report  of  to  City  Council,  §40 79 

Wharves,  public,  may  lease  in  its  discretion,  §37A 78 

Board  of  Finance. 

Powers  and  duties  of,  §32 68 

Board  of  Heai>th. 

Homes  for  infants,  prerequisites  of  license.  $493i 268 

Infants,  home  for  care  of,  to  investigate,  §493h 268 

License,  homes  for  infants.  §493h 268 

Midwives  caring  for  infants,  license,  §493h 268 


INDEX.  •  591 

BoABD  OF  Public  Safety.  page 

Duties  and  powers  of,  §68 94 

Membership,    S6S ■_ 94 

Boards  and  Cojimissioxs. 

^Minority   membership    on,    §30 66 

Boats.  Scows  axd  Vehicles. 

See  "'Ferries,"  "Licenses,"  and  "Veliioles." 

Boiler  Inspections. 

See  '-Steam  Boilers." 

BoNmNG.  Guarantee  or  Trust  Companies. 
See  "Bail." 

Bonds. 

See  "Clerks  of  Courts',"  "Contracts  with  city,"   "Mayor"  and 
"Register  of  Wills." 

Approval   of,    S20A 61 

Auctioneers  (See  "Auctioneers") 

Circuit  Courts,  clerks  of,  §369 239 

City  Court,  clerk  of,   §357 236 

City  Solicitor  to  approve,  §63 93 

Clerks  of  courts,  liable  for  salaries  of  deputies',  §357,  note.  .  ..  237 

Clerks  of  Law  Courts.  §357-361 236,  237 

Collector  of  State  Taxes,  §53 88 

Coroners,    §294 215 

Court  of  Common  Pleas,  clerk.  §357 236 

Criminal  Court,  clerk,  §367.  368 239 

Hay  and  Straw,  Inspectors  of,  $553 287 

Immigrants,  master  of  vessel  to  give.  §519 278 

Justices  of  the  Peace,  §624 313 

Live  stock  inspector  at  Canton  hay  scales,  §569 291 

Physicians  (See  "Dead  Bodies.") 

Police  Commissioners,  §740 387 

Police   Commissioners,   treasurer,    §752 403 

Police,  when  board  may  require  bond.  §749 402 

Public  Printer,  §208 173 

Register  of  Wills,  §354,  355 235,  236 

Steam  boiler  inspectors,  §572 291 

Street  condemnation,  purchaser  of  property  to  give,  §176....  156 

Superior  Court,  clerk,  §357 236 

Trustee  under  decree  for  sale  of  mortgaged  premises,  §720.  . .  .  375 

Bonds,  Stocks,  etc. 

Exemption  from  taxation,   §6 43 

Books,  Maps  and  Stationery. 

See  "Auctioneers"  and  "Librarian." 

Auction   of,    §244 195 


592  ■  INDEX. 

Boundaries  of  City.  page 

As  enlarged  by  ch.  98  of  Acts  1888,  App.  §1,2 548,  549 

As  fixed  by  ch.  209  of  Acts  of  1816,  App  §1 545 

Boys'  Home. 

To  shelter  and  protect  destitute  boys,  §885 538 

Boy's  Home  Society  of  Baltimore  City. 

See  "Houses  of  Refuge  and  Reformation." 

Bread. 

Bakeries,  inspectors  of,  §73 96 

Inspection  and  sale  of,  §6 18 

Breadth  of  Wheels. 

Power  to  regulate.  §6 8 

Bricks. 

See  "Buildings." 

Bridges. 

Agreements  with  County  to  purchase  or  maintain,  §6 42 

City  may  purchase,  §6 42 

Bridges  in  Annex. 

County  bridges  in  to  be  completed  by  city,  §839 503 

Broadway  and  Locust  Point  Ferry  Company. 
See  "Ferries." 

Boats,  requirements  as  to,  §435 253 

Boats,  schedule,  §435 253 

Broadway,  use  of  wharf  at  foot  of,  §431 252 

Fares,    §436 - 253 

Firemen  and  equipment,  no  charge,  §437 254 

Funerals,    no    charge.    §437 254 

Gates,  etc.,  on  wharves,  authority  to  erect,  §434 253 

Haubert  Street  wharf,  exclusive  use  of,  §432 252 

Incorporation,    powers,    §431 252 

Wharves,  penalty  for  use  by  others,  §433 252 

Broadway  Wharf. 
See  "Ferries," 

Brokers. 

Licenses    of,    §6 21 

Brokers,  Real  Estate. 

See  "Licenses." 
Building  Laws  and  Regulations. 

Inspector  of  Buildings  to  enforce,  §82 99 

Building  Lines  in  Annex. 

Annex  Improvement  Commission  to  fix,  §841c 507 

Buildings. 

Bricks  in,  regulate  size  of ,  §6 6 

Decisions,    note 179 


INDEX.  593 

BriLDixGS. — Continued.  page 

Decisions  with  reference  to,  §6  note 7 

Dwellings,  examine  and  ascertain  condition  as  to  healtli.  etc., 

§6 6 

Exits  and  egress  from  buildings  of  public  assemblage  to  be  ex- 
amined by  police,  §280 209 

Exits  of,  when  to  be  kept  open  penalty,  §280 _'09 

Frame  buildings,  to  restrict  erection  of,  §6 6 

Garage,  livery  or  hiring  stable,  not  to  be  erected,  altered  or  used 

within  600  feet  of  a  public  hospital.  §44Sa '. 258 

General  Powers. 

Awnings,  construction  of,  §6 6 

Bay    windows,    §6 6 

Bow  windows,   §6 6 

Brick,  to  fix  size  of,  §6 C 

Burnt  district,  building  restrictions  in,  §6 7 

Construction  and  repair  of  buildings,  §6 6 

Dangerous  and  unsafe  stuctures,  §6 6 

Dwellings,  lots,  etc  examination  and  sanitary  inspection 

of    §6 6 

Height  of  building  regulated,  §6 6 

Inspections,    fire   and    heating    apparatus,    §6 6 

Piers   and    porticos,    §6 7 

Removal  of  dangerous  and  unsafe  buildings,  §6 6 

Sanitary  inspection  of  buildings,   §6 6 

Show   windows,    §6 6 

Smoke,  to  regulate  consumption  of,  §6 6 

Steps  and  signs,   §6 7 

Walls,  fire,  parapet  and  party  walls,  regulation  of,  §6 6 

Wooden  and  frame  buildings,  power  to  regulate  or  prohibit 

erection  of,   §6 6 

Height,  construction  and  inspection,  may  regulate,  §6 6 

Obstruction  of  aisles  in  buildings  of  public  assemblage,  pen- 
alty, §280 209 

Ordinance  of  Oct  23,  1891  legalized,  §6 7 

Parapet  and  fire  walls  regulation  of.  §6 6 

Partition  fences,  regulation  of.  §6 6 

Party  walls,  regulation  of,   §6 6 

Penalty  for  obstruction  of  exits,  §280 209 

Private  and  public  buildings,  regulate  construction  and  repair 

of,  §6 6 

Smoke  flues,  fire  places,  etc,  regulation  of.  §6 6 

Buildings,  Inspector  of. 

See  "Inspector  of  Buildings"  and  "Buildings." 

Buildixgs,  Public. 

Art  Commission  to  approve  designs.   §203 171 

Superintendent  of  Public  Buildings  to  have  charge  of,  §207.  .  . .  173 


594  INDEX. 

BULKHE^U)   AXD   PlERHEAD   LiNES.  PAGE 

See  ''Harbor.  Docks  and  Whares." 

Power   to  establish.    §6 13 

Bureau  of  Liens. 

See  "Municipal  Liens." 

Burial  Expenses. 
See  "Coroners." 

Candidates  for  Appointment  as  Police. 
See  "Police  Examiners." 

Candidates    for    Teaciiixg.    Examixatiox    of,    §101 Ill 

Candy  Factories  and  Confectioners. 

Analysts  and  inspe<'tors  for,  §7o , 96 

Inspection    of,    §6 IS 

Capias. 

See  "Courts." 

Return  of  by  sheriff;  indorsements  thereon  and  re-issue,  §333. .     230 

Carriages.  ' 

See  "Carriages,  Horses  and  Automobiles,  Hackney  Carriages." 
Power  to  license  and  regulate;  §6 7 

Carriages,  Horses  and  Autosiobies,  Hackney  Carriages. 

Abuse  of  passenger,  penalty,  §283 212 

Carriages,  etc..  power  to  license  and  regulate,  §6 7 

Driver  or  chauffeur  to  furnish  numl»er  or  fare.  §283 212 

Fares,  penalty  for  excessive,    §2S4 212 

Fares,  penalty  for  refusal  to  pay.  §284 212 

Fares,  Police  Commissioners  to  fix,   §281 211 

Hackney  carriage,  definition  of.  §281 211 

Lamp  on  each  side  to  be  lighted,  §282 211 

License  number,   where  placed.    §282 211 

Passenger,  to  carry  one  only  unless  he  consents,  §28.5 212 

Penalties,   disposition   of,    §290 213 

Property  found  in  carriage  to  be  turned  over  to  Police  Board. 

§285    213 

Special  licen.se,  application,   §287 213 

Stands,  Police  Commissioners  to  designate,  §286 213 

Carts  or  Vehicles. 

Power  to  license  and  regulate,  §6 7 

Casks  and  Liquors. 

See  "Inspections,  Weights  and  Measures." 

Catonsville  Water  Company. 

City  to  acquire  rights  of,  §6 51 

Procedure  in  acquisition  of  its  right  and  property.  §6 52 


INDEX.  595 

Ceuak  Avenue.  page 

Tracks  on,  prohibited,   §801 4o5 

Cellars,  Basements,  Etc. 

See  "Health"  and  "Tenement  Houses.' 

Regulation   of,    §0 15 

Certificates. 

Character    (See  "Police  Examiners"). 
Counsel   (See  "Courts"). 

Disaliility    of    policemen    (See    "Special    Police    Fund"). 
Indebtedness    (See   "I'olice   Commissioners"). 
Publication    (See    "Ordinances    and    Resolutions"). 
I'ublicatiou,  clerk  to  Commissioners  for  ( »iii'iiin,i;'  Streets  to  pre- 
serve copies   of.    §173 l'>-2 

Taxes  due,    §5SA '.)() 

Title,   City    Solicitor   to   furnish.    §174 l'>2 

Chairman. 

New   Sewerage  Commission,    §824a 444 

Chancery   Sales. 

Property  sold  under  decree,   §165 144 

Report  of  to  Appeal  Tax  Court.   §105 144 

Charitable  Marine  Society  of  Baltimoiie. 

Estates  of  mariners  dying  intestate,   §70." 371 

Rights  unaffected  by  Sees.  808-812,  §813 439 

Charitable  Purposes. 

Funds  for,   §2 2 

Charities  and  Corrections. 

See  "Charities,  Supervisors  of." 

Board  of,  membership,  powers  and  duties,  §103 121 

Department   of,   organization   of,    §103 121 

Yistors  of  Jail,    §118 127 

Charities,  Supervisors  of  City. 

Almshouses,   superintendent   of,    §113, 12(5 

Annual   report  to  city,    §104 122 

Authority  to  procure  macliinery,  etc.,  §110 125 

Board  of,  appointment,  §104 122 

Certificate  as  to  indigent  poor,  §105 123 

Children  in  institutions,  care  of,  §107 124 

Children  jilaced  with  families,  to  visit,  §107 124 

Children,  removal  or  dischai'ge  from  institutions,  §107 124 

Commitment  of  destitute  children,   §107 124 

Correction   of   disorderly   inmates   of   almshouse,    §112 12.") 

Criminal,  penal  and   I'eformatory  institutions,  to  have  sni)er- 

vision  over,  §104A 123 

Duties   of,    §104 122 

First  sub-departuH  lit  of  charities  and  corrections,  §104 122 


596  INDEX. 

Charities,  Sitervisors  of  City. — Continued.  page 

Indigent  and  insane  poor,  treatment  outside  almshouse,  §106.  123 

Meetings  at   almshouse,    §111 125 

Offenders,  Sees.  104-116  not  to  apply  to,  §117 120 

Paupers,  admission  of  to  almshouse,  §108 125 

Paupers,  support,  treatment  and  employment  of,  §109 125 

President,  secretary,   salary,    §104 122 

Purveyor  of  provisions,  appointment,  bond.  §116 126 

Qualifications.     §104 122 

Subordinates.    §104 122 

Term  of  office.  §104 122 

Charter. 

Repealed  and  re-enacted.  Sec.  1 1 

Checks. 

Accompanying  bids  to  be  certified,   §15 58 

Checks  of  City. 

By  whom  to  be  signed  and  countersigned,  §20A 60 

Chemical    Laboratories 

Must  be  authorized  by  ordinance,  §493 266 

Chesapeake  and  Potomac  Telephone  Company. 

Rights  unaffected  by  Charter,  §6 41 

Chesapeake  Bay. 

Pollution  of.  by  Sewerage  System  prohibited,  §824b 447 

Chief  Clerks  of  City  Council. 
See  "City  Council." 

Chief  Engineer. 

See  "Department  of  Public  Improvements." 

New  Sewerage  System,  appointment  of,   §824b 447 

Chief  Physician  of  Police  Force. 
See  "Police  Commissioners." 

Children. 

Destitute  and  neglected,  care  of,  §107 124 

Children  and  Minors. 

Sales  by    (See  "Larceny"). 

Children  and  Widows  of  Policemen. 
See  "Special  Police  Fund." 

Children  of  Convicts. 

Binding  out  by  court,  §345 232 

Children's  Playgrounds, 

City  authorized  to  contract  with  Children's  Playground  Asso- 
ciation,    §493a 266 

City  authorized  to  contract  with  Children's  Playground  Asso- 
ciation of  Baltimore  City,   §493b 267 


INDEX. 


597 


Children's  Playgroixds. — Continued.  page 
Contract  of  or  appropriation  to  Cliildren's  Playground  Asso- 
ciation may  be  transferred  to  Ctiildren's  Playground  Asso- 
ciation of  Baltimore  City,   §493e 207 

Chimneys. 

Sweeping  and  rates  therefor,  §6 8 

Width  of,  power  to  regulate.  §6 8 

Chimneys,  Flues  and  Heating  Apparatus. 
See  "Buildings." 

Circuit  Covrt  of  Baltimore  City'. 

Jurisdiction    of,    §323,    note 228 

Jury  in  cases  in,  §323 228 

Opinions  not  required  to  be  filed,  §324 228 

Sees.  323.  324.  370.  371,  372,  374,  375,  376,  379,  380.  382.  387, 
388.  389. 

Circuit  Court  No.  2. 

Powers  and  jurisdiction  of,  §325 229 

Sees.  325.  327,  370.  371,  372.  374,  375,  376,  379.  380,  382,  387, 
388,  389. 

CiTY'  Charter. 

Effect  on  acts  of  1898,   Sec.  3 543 

Existing  laws,  Sec.  3 544 

Extra-territorial  right  of  city,  Sec.  3 544 

Incumbent  in   office  at  time  of  passage,   Sec.   4 544 

Pending  suits,   Sec.   2 543 

Provisos  limiting  operation  and  effect  of  Sees.  2-4 543-544 

Repealable  acts.  Sec.  2 543 

Taxes  or  tax  proceedings.  Sec.  2 543 

Vested  rights,  Sec.  2 543 

City   Collector. 

See   "Appeal   Tax   Court,"   "Assessments,"    "Condemnation    of 

Property,"    "Damages."    "Opening.    Closing,    etc.,    Streets," 

"Sales,"  "Taxes"  and  "Tax  Sales." 

Advertisement,  notice  when  taxes  due,   §51 SG 

Advertisement,  property  to  be  sold  for  taies,  §43 82 

Advertisement,  sales  of  goods  and  chattels.  §49 86 

Appointment,   salary,    §42 81 

Assistants  and  clerks.    §42 81 

Bills  for  street  opening  benefits,   §181 163 

Bills  for  taxes  to  be  sent  by  mail,  §51 86 

Certificate  of.  to  be  evidence  of  taxes  due,  §51a 87 

Chattels,  application  of  proceeds  of  sale.  §50 Sf! 

Chattels  sold  for  taxes,  §49 86 

Collection  of  taxes,  change  in  office  during.  §§45a,  45b 83 

Damages  in  street  openings,  assignment  of.   §174 152 

Deeds  for  property  sold  for  taxes,   §45 83 

Duties    of,    §42 81 


598  INDEX. 

City  Collectoe. — Continued.  page 

Finance,  official  of  department  of,  §32 68 

Jurors,  to  furnish  list  of  taxpayers  eligible  as,  §603 300 

Penalty  on  bills  in  arrears,   §51 87 

Procedure  in  street  openings,   §183 163 

Redemption  of  property  sold  for  taxes,  §J7 84 

Re-sales  for  taxes. 

Duties  relating  to,   §48 85 

Proceeds  of,  §48 85 

Sales  for  taxes. 

Change  in  office,  effect  of,  §§4oa,  45b 83 

Costs  and  charges  to  be  collected  from  purchaser,  §44...  83 

Purchase  money,  disposition  of,  §45 83 

Report  to  Circuit  Court,  §48 85 

Surplus  invested  in  public  debt,   §46 84 

State  taxes — to  collect  same,  §58 90 

Street  openings,  sale  of  property  assessed,  §182 163 

Succeeding  collector   to   complete  proceedings   of  predecessor, 

§51A 87 

Tax  bills  to  be  prepared  by,  §42 81 

Tax  sales,  owner  may  redeem  property,  §47 84 

Taxes  in  arrears,  statement  to  be  left  on  premises,  §43 82 

City  College. 

Principal,  appointment  of,   §100 110 

Professors,    appointment    of,    §100 110 

City  Council. 

See    "General    Powers,"    "Mayor,"    "Ordinances    and    Resolu- 
tions" and  "Public  Printer." 
Appropriations  of  money  not  provided  in  Ordinance  of  Esti- 
mates   prohibited,    §36 73 

Attendance   of  members,  compelling.    §217 177 

Branches  to  constitute  legislative  department,   §209 175 

Decisions    of    Court    of   Api>eals    relating    to    powers   of   city, 

§218    ii„te    178-184 

Electors  of  members,  qualifications,   §215 177 

Expulsion  of  members,   §217 177 

First  Branch. 

Election   of  members,    §212 176 

One  member  from  each  ward,  §210 175 

Present  incumbents  to  hold  office  until  election  and  quali- 
fication of  successors,   §212 176 

President,   duties,    §217 177 

Qualifications  of  electors,  §212 176 

Qualifications   of  members,    §210 175 

Salaries,    §210 175 

Term  of  office.  §212 176 

Officers  of,  each  branch  to  appoint,  compensation.  §217 177 

Ordinance  of  Estimates,  special  meeting  on,  §36 73 


INDEX.  509 

City  Corxcix. — Continued.  page 

Ordinances,  subject  to  be  described  in  title.  §221 185 

Ordinances  and  Resolutions. 

Ordinances,  amendment,  re-enactment,  etc.,  §221 185 

Subject,   to   embrace   one   only,    §221 185 

Vote  necessary  to  pas's,   §221 185 

Power  to  pass  ordinances.  §218 178 

President  of  First  Prancli.  duties,  when  to  act  as  Mayor,  §217. .  177 
President  of  Second  Branch,  election  of  successor  in  case  of 

vacancy  in  office  of  Mayor,  §222 185 

President  of  Second  Branch,  removal  of.   §215) 176 

Procedure  when  ordinances  and  resolutions  are  vetoed.   §28..  62 

Qualifications  of  members,  each  branch  judges  of,  §217 178 

Rules  of  procedure,  each  branch  to  adopt,  §217 177 

Second  Branch. 

Appointments  to  fill  vacancies  during  recess  of,  §25 65 

Confirmation  of  Mayor's  appointments,    §25 63 

Councilmanic  districts,  two  members  from  each,  §211....  175 

Election   for.  when  held.    §213 176 

^Membership,    nine,    §211 175 

President,   duties,   qualifications,   etc.,    §214 176 

President  of.  member  of  Board  of  Awards,  §15 58 

President  of.  member  of  Board  of  Estimates.  §36 71 

President  of,  when  to  be  Mayor,  §§18.  19 60 

Qualifications  of  members,  §211 175 

Salaries.   S211 176 

Term  of  office.   §211 175 

Sessions  of,  extra  sessions.   §210 177 

Sessions  to  be  public,  §217 177 

Temporary  loans,  not  to  authorize,  §36 74 

Vacancies,  how     filled,    §215 177 

Vote  l)y  yeas  and  nays  on  final  pa.ssage  of  ordinances.  §221 ....  is.j 

City  Court. 

See  "Justices  of  the  Peace." 

Apiieals  from  assessments  of  taxes,   §170 140 

From  decisions  of  Commissioners  for  Opening  Streets,  §177...  100 

Record  of  Appeal  Tax  Court,  duty  relating  to,  §170 147 

Tax  assessments,  when  increased  by,  §170 148 

City    Hall. 

Superintendent  of  Public  Buildings  to  have  charge  of,  §207.  .  .  .  17."5 

City  Lihrakiax. 

See  "Librarian." 

City  Loans. 

List  of  holdeis  of.  to  be  furnished  to  City  Register,  §l.'i2 1.".7 

City  Officees. 

See  under  various  titles. 


600  INDP^X. 

City  Officiai^s.  vxv.k 

Floatiug  debt  prohibited,    §  10 Sit 

City  Officials  and  Employees. 

When  salaries  to  be  paid,  §35a 71 

City  Plan. 

See  "Commission  on  City  Plan." 

City  Property. 

See  "Property." 

City  Register. 

Appointment  of,  §35 70 

Authority  and  duties  of,    §35 70 

Board  of  Awards,  member  of,   §15 5S 

Certificate  of  investment   of  sums  due   as   damages   in  street 

condemnations,    §185 104 

Certificate  of  payment  of  benefits  in  street  condemnations,  §186.  104 

Checks  to  be  signed  by,  §20a 00 

Commissioners  for  Opening  Streets,  to  pay  expenses  of.  §101..  166 

Corrected  list  of  holders  of  city  loans  to  be  furnished  to.  §152. .  137 

Deputy  Register,   §35 70 

Finance,  official  of  Department  of,  §32 68 

Fines,  forfeitures  and  penalties  from  Justices  of  the  Peace., 

accounting,     §644 326 

Immigrants,  per  centum  of  monies  collected  therefrom,  §530..  281 

Jurors,  payment  of  per  diem,  §621 310 

List  of  holders  of  city  loans  to  be  furnished  to  Appeal  Tax 

Court,    §151 136 

Obstructions  in  condemned  streets,  to  pay  expense  of  removal, 

§189    165 

Removable  by  Second  Branch  City  Council,   §35 70 

Sales  for  taxes,  custodian  of  residue  from,  §45 8;> 

Sales  for  taxes,  investment  of  surplus  from,  §46 84 

State  tax  on  city  loans  to  be  deducted  from  interest,  §153 137 

Supervise  and  direct  City   Librarian,   §196 167 

Topographical  Survey  Commission,  member  of,   §840 503 

Vacancy,   hovp   filled,    §35 70 

Void  street  condemnation  ordinance,  duty  of,  §180 162 

City  Solicitor. 

Appeals  in  suits  in  behalf  of  city  to  be  taken  on  his  order,  §66.  94 

Appointment,  qualifications  and  salary,  §61 91 

Assistant  City  Solicitors,  duties,  §62 91 

Assistants,  appointment  of,   §62 91 

Assistants,    salaries,    §62 91 

Board  of  Awards,  member  of,  §15 58 

Board  of  Estimates,  member  of,  §36 71 


INDEX.  001 

PAGE 

Certificates  of  title  in  assignments  of  damages,  §174 152 

Clerk,  compensation  and  duties.  §65 93 

Clerk,  stenographer  and  typewriter,  §65 03 

Contracts  to  be  approved  by,  §15 50 

Department  of  Legislative  Reference,  member  of  board,  §208A.  174 

Deputy,  appointment,  §62 92 

Deputy,  when  to  act  as  City  Solicitor,  §62 92 

Duties  and  powers,   §§62-67 91-94 

Examination  of  titles,  to  employ  persons  to  aid  in,  §62 91 

Law  Department,  head  of,  §60 91 

Legal  adviser  of  city,   §62 91 

Legal  instruments,  to  pass  on,  §63 93 

Legal  questions,  opinions  on,  to  be  given  in  writing.  §63 93 

Office  hours,  location  of  office,   §64 93 

Property  acquired  in  Annex,  certify  titles  to,  §841e 508 

Records  of  Commissioners  for   Opening   Sti*eets,   to  prescribe 

form,     §173 152 

Suits,  actions  and  proceedings,  authority  to  institute.  §66 94 

Suits,  preparation  and  trial  of,   §62 91 

Titles  to  property  donated  to  city,  opinions  on.  §193 166 

Traveling  expenses,   allowance  of,    §67 94 

City  Stock. 

See  "Stocks,  Loans  and  Finance." 

City  SuR^'EYOR. 

Duties  and  compensation,  city  may  prescribe.  §6 43 

Duties  and  compensation  to  be  prescribed  by  ordinance.  §205..  172 

Duties  and  salary,  §84 101 

Election  and  term  of  office,  §205 172 

Fees  of,    §S33a 499 

Grades  of  streets,  to  establish,   §S33a 499 

Tax  sales,  survey  of  property  for,  §43 82 

Vacancy  in  office,  Mayor  to  fill,  §205 172 

Civil  Government. 

Text-book  on,  to  be  furnished  to  piiblic  schools,  §S16a 441 

Claim. 

Where  part  is  admitted,   practice,    §312 220 

Claims  Against  City. 

Board  of  Estimates  to  pass  on,  §39 79 

Comptroller  to  audit  and  approve,  §34 09 

Claims  Against  Police. 

See  "Special  Police  Fund." 


602 


INDEX. 


Cleaning  and  Lighting   Streets.  page 
See  "Lamps  and  Lighting"  and  "Street  Cleaning." 

General  po\yers,    §6 40 

Clebk  of  Criminal  Court. 
See  "Criminal  Court." 

Bail  on  defendant's  own  recognizance.    §278c 205 

Bail  taken  only  on  authority  of  court,  §278a 205 

Recognizance,  to  sign,  §278d 20G 

Clerk  of  jNIabkets. 

Distress  for  rent.  §6 22 

Clerk  of  Superior  Court. 
See  "Land  Records." 

Jury  books  deposited  with,   §GOS ;]04 

List  of  jurors,  custody  of,  §602 300 

Clerks  of  Courts. 
See  "Courts." 
Alienations  and  sales  of  property  to  be  reported  to  Appeal  Tax 

Court,    §1G5 144 

Alienations  of  property,  chancery  sales,  etc.,  list  to  be  furnished, 

§165    144 

Appeal  Tax  Court,  duties  and  salary  of,  §146 134 

Bailiffs  and  criers,  to  certify  salaries  of,  §372 241 

Blank  licenses,  provisions  applying  to,  §363 238 

Bond  of  Clerk  of  Criminal  Court,  §§367-368 239 

Bonds,  effect  of  failure  to  give,  §360 237 

Bonds,  etc.,  from  justices,   account  for  to  Clerk  of  Court   of 

Common  Pleas,   §643 326 

Bonds',  Clerks  of  Circuit  Courts,  §369 239 

Bonds,  Clerks  of  Law  Courts,  §357 236 

Bonds,  Comptroller  to  approve,  '§358 237 

Bonds,    deputy   or   assistant   clerk   not   to   become   surety   on, 

§361     237 

Bonds,  judge  of  court  to  certify  sufficiency  of,  §357 236 

Bonds,  renewal  of  bi-ennially,   §359 237 

Bonds,  to  be  recorded,  §358 237 

Clerk  of  Superior  Court  to  prepare  new  indices,  §§364a,  364b, 

364c    238-239 

Common  Pleas,  license  to  pawnbrokers,  §693 367 

Common  Pleas,  payment  of  license  fees  to  State,  §679 355 

Copies  of  land  records  to  be  evidence,  §365 239 

Judgments,  indexing,  clerks'  fees,   §362 238 

Jurors,  certificate  as  to  per  diem.  §621 310 

Night  watchmen,  appointment,  duties  and  salaries,  §§375-378..  242 

Record  books  to  be  kept,  §366 239 

Salaries,  how  payable,  §370 •.  . .  240 

Salaries  of  trust  clerk  of  circuit  courts,  §371 240 


INDEX.  003 

Coal.  page 

iSee  "InsiJectioiis.  Weights  and  .Mrasuros." 
Policemen    to    enforce    coal    law.    powers    and    duties.    §§537. 

539A     283,  284 

Sales  by  bushel,  etc..   §540 284 

Sales  by  wagon,  coal  to  be  weighed,  §536 282 

Scales  to  be  provided  by  seller,  §535 2S2 

Seller  to  provide  memorandum  of  weight,  §538 283 

Weighing,  compensation  for,   §539 284 

Coal  Oil,  Gasoline,  etc. 

Lighting  or  heating  of  sweat  shops  by,  proliibited,  §280 210 

Coffee  Broker. 

License   for,    §694 307 

Collateral  for  Appearance. 
See  "Justices  of  the  Peace." 

Collection  of  Fines  and  Penalties. 

See   "Fines.    Forfeitures    and    Penalties"    and    "Water." 

Collection  of  Taxes. 

See  "City  Collector,"  "Sales,"  "Taxes." 

Collector's  death,  resignation,  etc.,  effect  of.  §51 A 87 

General  powers  of  city,    §6 45 

Taxes  in  arrears,  §51 86 

Collector  of  State  Taxes. 
See  "City  Collector." 

Appointment,     §52 88 

Appointment,  when  Governor  may  make,  §56 89 

Bond,    §53 88 

Bond,  recorded  and  filed  with  State  Comptroller,  §53 88 

Books,  examination  by  State  Treasurer,  §55 89 

Certificate  of  deposit,  transmitted  to  State  Treasurer,  §54 89 

City  Collector,  to  be,  §58 90 

Commission,  levy  for,  §57 89 

Compensation,   §§52,  57 88,  89 

Daily  deposits  of  State  Taxes,  §54 89 

Duties  of,  §§52,  54 88.  89 

Collector  of  Water  Rents  and  Licenses. 
See  "Licenses." 

Appointment,     §59 90 

Assistants  and  clerks,   §59 91 

Duties.    §59 91 

Finance,  otfieial  of  department.  §3,2 68 

Office,  may  be  abolished  by  ordinance,  §59 !)1 

Salary,    §59 91 

Colored  House  of  Reformation. 

See  "Houses  of  Refuge  and  Reformation." 


604  INDEX. 

Combustible  Matter.  page 

See  "Fire  Regulations." 

Storage   regulated,    §6 12 

Commission  on  City  Plan,   .. 

Appointment,  duties,   §200A 170 

Member  of  Department  of  Public  Improvements,  §84 101 

President,  Mayor  to  designate,  §200A 170 

Secretary,  appointment,  salary  and  duties,  §200A 170 

Commission  on  Sewerage. 
See  "Sewers." 

Commissioner  of  Health. 
See    "Health." 

Alteration  of  street  grades  on  certificate  of,  §834 499 

Analysts  and  inspectors  of  bakeries,  §73 9(5 

Appointment,  duties,  powers  and  salary,  §71 35 

Assistants,  appointment,   §71 95 

Board  of  Practical  Plumbing,  member  of,  §511 271 

Clerks  and  subordinates,  appointment  and   compensation,   §71.. 96 

Contagious  diseases,  duty  with  reference  to,  §78 98 

Department  of  Public  Safety,  member  of,  §68 94 

Health  Wardens  to  act  as^  vaccine  physicians,  §78 98 

Infants  in  homes,  for  care  of,  record,  §493i 268 

Milk,  inspectors  of,  §74 96 

Qualifications,     §71 96 

Quarantine  physician,  duties  and  powers,  §75 97 

Quarantine  physician,  salary,  dwelling  and  expenses,  §76 97 

Vaccine  physicians,   appointment,    §77 97 

Vaccine  physicians,  to  report  to,  §77 97 

Sanitary    inspectors,    appointment,    duties    and    qualifications, 

§72    96 

Commissioner  of  Street  Cleaning. 
See  "Street  Cleaning." 

Commissioners  for  Opening  Sewers 

See  "Sewers." 
Commissioners  for  Opening  Streets. 

Alterations   and    corrections    in    valuations    and    assessments, 

§177     159 

Annex    Improvement   Commission,   duties  under   Act   of  1904, 

§841e    508 

Annex   Improvement  Commission,   duties  under  Act   of   1910, 

§8410    511 

Annex  Improvement  Commission,  under  Act  of  1910,  §841k 509 

Appeal,  notice  to  parties  interested,  time  within  which  appeal 

to  be  taken,    §177 159 

Appeal,  petition  to  be  in  writing,  §179 161 

Appeals,  court  to  amend  or  supply  defects  and  omissions  in 

record  of  proceedings,  §179 161 


INDEX.  605 

CoMiiissioxERS  FOR  OPEXixG  STREETS. — Continued.  page 
Appeals  from  assessments. 

Amendments  to  record,  §179 161 

Appeal  to  Baltimore  City  Court,  §179 160 

Appeal  to  Court  of  Appeals,   §179 161 

Benefits  and  damages,  increase  or  decrease,  §179 161 

Consolidation    of   appeals,    §179 161 

Costs.    §179 162 

Evidence,  copy  of  proceedings,   §179 162 

Examination   of  Commissioners,    §179 161 

Hearing,  court  to  appoint  day,  §179 161 

Jurisdiction  of  court.  §179 161 

Jury  trial  for  appellant,  §179 161 

Record  of  proceedings,  court  may  alter  or  amend.  §179.  .  . .  161 

Sheriff  to  summon  jury,   §179 161 

Street  condemnations.  §6 32 

Subpoena  duces  tecum  to  Clerk  of  Commissioners,  §179..  161 

Time  of  appeal,  §179 161 

Appointment,  salary,  term  of  office,  §172 l.jl 

Benefits  and  damages  assessed  to  same  person.  §174 152 

Benefit  assessments,  may  be  paid  in  installments,  conditions. 

§177A    160 

Benefits,  bils  to  parties     assessed,  §181 163 

Benefits,  payment  by  third  parties,  §186 164 

Benefits  to  be  assessed,  §175 1.52 

Board  of  Review  and  Assessment,  commissioners  to  be  members 

of,    §145 i?,n 

Bond  of  purchaser  of  property,  §176 157 

Clerk,  duties  of.  §§172.  173 151, 152 

Clerk,  salary,   §172 151 

Clerk  to  serve  written  or  printed  notice  upon  parties  assessed 

for  damages,  effect  of  failure.  §17S 160 

Compensation  for  property  taken,  §176 156 

Damages  and  benefits,  notice  of  meeting  to  assess,  §175 153 

Damages  may  be  paid  in   advance   of  collection  of  benefits. 

§175B     155 

Donated  street  beds  to  become  public  highways.  §194 166 

Duties,  §172   151 

Employees,  appointment  and  compensation,  §172 152 

Expenses  to  be  assessed  as  jiart  of  damages.  §175 153 

Fee  and  leasehold  to  be  distinguished  in  assessments.  §188 165 

First  meeting  of  Commissioners  to  be  held  within  three  months 

after  passage  of  ordinance,  §175B 155 

First  meeting  to  execute  ordinances  heretofore  passed  to  be  held 

within  four  months  after  the  passage  of  this  Act.  §175B...  155 

Gifts  of  property  for  streets,   §193 166 

Hearings  to  revise  a.ssessments,  §177 159 

Lien  for  payment  of  benefits  by  third  party.  §1.S() 164 


606 


INDEX. 


COMMTSSTOXERS    FOR   OPEXIXG    STREETS. Continued.  PAGE 

Map  tiled  in  otiice  before  ordinance  introduced,  §828 494 

Members  of   Annex   Improvement   Commission,   under   Act  of 

1904,   §841b 506 

Note  giving  decisions 153. 154 

Notice  of  review  of  damages  and  benefits,  §177 158 

Notice  of  talviug  of  property,  §177 159 

Notice  tliat  appeals  may  be  taken,   §177 159 

Notice  to  parties  assessed,  effect  of,  §178 KiO 

Obstructions  in  opened  streets,  removal  of,  §189 165 

Ordinances  declared  void,  duty  of  Comptroller,  §180 162 

Petitioners  against  street  opening  to  give  location  of  property, 

§195     106 

Portion  of  lot  taken,  procedure  when,  §176 156 

Power  to  reassess  for  unpaid  assessments,  §195a 166 

Powers  in  opening,  etc.,  streets,  §6 32 

Procedure  when  part  of  lot  taken,  §176 156 

Property  not  to  be  taken  without  consent  of  owner  until  damage 

paid,    §185 164 

Record  of  proceedings,  clerk  to  keep,  §173 152 

Report  to  Mayor  as  to  status  of  proceedings,  §175B 155 

Re-sale  of  property  when  purchaser  defaults,  §176 157 

Residue  of  lots  taken,  sale  of,  §176 157 

Return    of    Commissioners    prima    facie    evidence,    burden    of 

proof  upon  party  appealing.   §175C 156 

Review  and  Assessment,  second  sup-department.  §172 151 

Revision  of  benefits  and  damages,  notice  of,  §177 159 

Sales  of  property  assessed. 

City  Collector  to  sell,  §182 163 

Deed   to   purchaser,    §184 164 

Expenses,    §184 164 

Notice    of    sale,    §182 163 

Notice  of  re-sale,    §183 164 

Procedure,   §183 163 

Proceedings'   after    collection    of   benefits    turned    over   to 

Comptroller,    §183 164 

Proceeds,    disposition   of,    §184 164 

Re-sale,  §183 164 

Sheds  and  obstructions  on  property  taken,  sale  of,  §176 156 

Street  appeals,  award,  how  ascertained  in  trial.  §176A 158 

Temporary  commissioner,  when  Mayor  to  appoint,  §187 165 

Valuation  of  property  taken,  §176 156 

Commissioners  of  Fixance. 

See  "Stocks,  Loans  and  Finance." 

Board,   membership  of,   §41 80 

City  property,  to  approve  disposal  of,  §13 57 

City  property,  to  unite  in  conveyance.  §13 57 

Clerk,  Deputy  Register  to  be,  salary.  §41 81 


INDEX.  Qo-j 

Commissioners  of  Fixaxce. — Continued.  page 

Depository  banlvs,  to  select,  §41 SI 

Duties,    §41 81 

Proceedings  to  be  recorded,  §41 81 

Siuli;ing  funds,  control  and  custody  of,  §41 81 

Temporary  loans,  to  be  authorized  by,  §41 81 

Commissions. 

See  "Collector  of  State  Taxes"  and  "Auctioneers." 

Commitments. 

See  "Justices  of  the  Peace"  and  "Thieves  and  Pickpockets." 

Assault  and  battery,  §230 11*2 

Conviction  by  justices,  or  when  fine  not  paid,  §633 323 

Costs  or  secui'ity,  default,  §142 132 

Defective,  etc.,  §3.32,  note 230 

Destitute,  etc.,  children,  commitment  to  institutions,  §107 124 

Jail,  directed  to  Warden,  §131 130 

Vagrants  committed  by  justices,   §141 132 

AVhen  to  be  returned.  §332 230 

Compensation. 

City  officials,  employees  and  agents   (see  "Salaries"). 

Comptroller. 

Annex  Improvement  Commission  of  1904,  member  of,  §841b...  .50(i 

Appointees,  subject  to  written  approval  of  Mayor,  §34. OO 

Audit  clerk,  appointment,   §34 (iO 

Auditor  of  city,  §34 150 

Auction  duties,  report  to  State  Comptroller,  §270 204 

Benefit  assessments  when  increased  to  be  audited  and  charged. 

§170    14!) 

Board  of  Awards,  member,   §15 58 

Board  of  Estimates,  member,  §36 71 

Bond  of  Jail  Warden  to  be  filed  with,  §128 120 

Bonds  to  be  approved  by,   §20A 01 

Checks  to  countersigned  by,   §20A 60 

Commissioners  for  Opening  Streets,  expenses,  §191 Kio 

Deputy  Comptroller,  appointment,  §34 (iO 

Duties  and  powers.  §34 (iO 

Election,  salary,  §.33 (i9 

Harbor  Master,   appointment.    §34 69 

Inspector  of  Weights  and  ^Measures,  appointment,  §.34 (iO 

Market   Master,   appointment.    §34 09 

President  of  Department  of  Finance,  §.32 68 

Qualifications  and  term,   §33 69 

Tfciiiovalile  from  office,  wlien  and  how,  §34 (J9 

Salaries   of   subordinates,   §34 (JO 

Tax  assessments  refund  of  erroneous,  §170 148 

Topographical  Survey  Commis.sion,  member,   §840 50:! 

A'ncancy.  how   filled,   §34 69 

\'oid  street  opening,  etc.,  ordinance,  duty,   §180 162 


608  INDEX. 

Comptroller   of   TREASt'REB.  pack 

Assessments  of  State  Tax  Commission,  appeal,  §170a 149 

Deaf  and  dumb,  fees  for  instruction,  §396 247 

Concealed  Weapons. 

See  "Police  Commissioners." 

Cases  triable  by  justices',  §632 317 

Condemnation. 

See  "General  Condemnation  Law." 

Excess  condemnation,  provision  for,  §6 8 

Fee-simple  title,  ordinance  may  direct  acquisition  of  a  lesser 

interest,    §6A 53 

Possession    of   property,    conditions    under   which    it   may    be 

taken,    §S29b 496 

Property  may  be  taken   upon   paj-ment   of  award   into   court 

or  giving  bond  to  secure  payment,  §S29b 496 

Provisions  of  Sees.  829a-829c  not  to  apply  to  cases  already 

pending,    §829d 497 

Title  acquired  by,  §6A 53 

Condemnation   of  Property. 

Annex  Improvement  Commission  of  1904,  condemnation  ordi- 
nance,   §841e 508 

Appeals  allowed  in  behalf  of  city,  §320 226 

Appeals  from  valuations,   §6 9 

Appeals  to  be  heard  by  Baltimore  City  Court.  §320 227 

Damages  and  benefits,  §6 9 

Damages,  investment  of  sums  due,  185 164 

Decisions,  note 9-11 

Esplanades,  boulevards,  etc..  §6 8 

Fee  simple  and  leasehold  distinguished.  §188 165 

General    Powers,    §6 8 

Jones'   Falls   Improvement,    §6 18 

Markets,    §6 22 

New  Sewerage  System,   §S24c 447 

Notice  to  owners  to  be  given  §6 9 

Objectionable  surroundings,  restrictions,  §6 8 

Parks,  squares  or  gardens,  §6 8 

Procedure  to  be  provided,  §6 8 

Purposes  for  which  land  may  be  condemned,  §6 8 

Sewers,   §6 28 

Squares,  springs  and  monuments,   §6 30 

Streets,  opening,  etc..  §6 32 

Water  and  water  rights,  §6 46 

Water  rights,  etc.,  compensation  of  jury  and  sheriff,  §6 50 

Wharves  and  docks,  note 9 

Conduits. 

See  "Electrical  Commission  and  Subways." 


INDEX.  609 

Constables.  page 

Appointment,  by  Maj'or  ami  City  Council  of  Baltimore.  §200 . . .  173 

Compensation,  duties,  etc.,  §206 172 

Duties  and  compensation  to  be  prescribed  by  law  or  ordinance, 

§206     173 

Fees,  when  city  not  to  pay,  §6.39 .325 

Not  to  deputize  persons  to  serve  writs,  §649 .328 

Number,  two  for  each  ward.  §206 172 

COXSTITUTION. 

Streets  in  Annex,  effect  on,  §3 2 

Consulting  Engineer. 

Appointment,  duties  and  salary.  §36B 75 

Contagious  and  Infectiolts  Diseases. 
See  "Health"  and  "Hospitals." 

Contagious  Diseases  Hospital. 

See  "Stocks,  Loans  and  Finance." 

Contingent  Fund. 

See  "Board  of  Estimates." 

t 
Contractors 

See  "Contracts." 

Contracts. 

Advertisement  for  bids,  number  of  insertions.  §14 57 

Advertising  for  bids,  where  more  than  $500  involved.  §14....       57 

Alternative  proposals  may  be  asked  for,  §15 5S 

Awarding,  manner,   §15 59 

Bonds   of  contractors,   §15 58 

City  Solicitor  to  approve,  §§15,  63 59,  93 

Decisions,    note ISO 

Decisions  relating  to,  §14,  note 57.  58 

Indigent  poor,  contracts  for  care  and  support,  §105 123 

Mayor  or  heads  of  departments  to  apin-ove,  §20A 61 

Paving  Commission,  §S41y 520 

Playgrounds  for  children,  §§493a,  493b,  493c 266,  267 

Proposals  to  be  advertised.   §14 57 

Stationery  and  printing,  §197 169 

Street  dirt  and  garbage,  removal,   §S41e{' 524 

Contracts  of  Sale. 

See  "Arbitration,  Court  of." 

Conveyances. 

See  "Deeds"  and  "Land  Records." 

Convicts. 

Commutation    of    sentence,    §139 131 

Lunatic  and  insane  in  Bay  View  asylum.  §120a 127 

(20) 


(510  INDEX. 

CoKD  Wood.  page 

Measurement  of,  §591 297 

Corn  and  Flour  Exchange. 
See  "Arbitration." 

Coroner  at  Large. 

Appointment,  duties  and  ccmipensation,  §295 215 

Coroners. 

Appointment.    §294 214 

Assignment  bj^  Governor,   §294 214 

Bond    and    oath,    §294 214 

Burial  exj)enses.  City  Register  to  pay.  §296 215 

Inquest,  when  to  be  held,  §296 215 

Jury  not  to  receive  compensation,  §296 215 

Property  or  money  of  deceased  to  be  deposited,  subject  to  order 

ot  Orphans'  Court.   §297 216 

Monthly  report  to  Police  Commissioners,  §297 215 

Salary,    §294 214 

Term  of  office,  §294 214 

Corporate  Name,  §1 1 

Corporate  Powers. 

See  "General  I'owers." 

Corporate  Property. 

Title  in  City,  §2 2 

Title  inalienable.   §7 54 

Costs. 

Acquittals,   recovery  of  costs,   §341 232 

Appeals  from  Justices  of  the  Peace,  §389 294 

Baltimore  City  Court,  power  in  cases  of  tort,  §389 245 

Commitment  in  default  of  security  to  keep  peace,  §142 132 

Criminal  cases,  justices  to  account  to  Police  Commissioners, 

§646    327 

Justices  of  Peace  to  account  for.   §142 132 

Tort,  power  of  City  Court  in  cases  of,  §389 245 

When  pro.secuting  witness  shall  pay.  §340 231 

Cotton   Brokers. 

License,     §694 367 

COUNCILMANIC  DISTRICTS. 

See  "Legislative  Districts," 

Counsel  Fees. 

Defendant's  attorney,  when  allowed.  §ol5A 224 

PlaintifC's  attorney,  when  allowed,  §315 224 

Coupon   Tickets. 

See  "Railroads  and  Railways." 

Court  of  Common  Pleas. 

See  "Courts — Law  Courts  of  Baltimore  City." 


INDEX. 


611 


Court   SxExoiiKAi'iiEu.  page 
See  "Stenographers  of  Courts." 

Courts. 

Siiperinteudeiit  of  Public  Buildings  to  have  charge  of  huiUlings 

aud    offices,    §207 lin 

Courts — Law  Courts  of  Baltimore  City. 

Appeals  from  Justices  of  the  Peace,   §319 22(i 

Appearance,  entry  after  summons,   §307 21!) 

Arrest  of  judgment,  motion  in,   §300 217 

Bills  of  exception,  when  to  be  signed, §316 •.  22.5 

Declaration,  when  to  be  filed  on  a  titling,  §309 ' 219 

Exemption  from  service  of  process  in  civil  action,   decisions. 

note,     211) 

Grand  .Jury,  selection  of.  §604 300 

Judgment  by  default,  when  entered,  §30S 21J) 

Judgment,  when  suits  shall  stand,   §310 220 

Jurors,  selection  of,   §602 300 

New  trials,   motions  for,   300 217 

Paper  book  of  evidence  not  re(iuired.  §301 2J7 

Pleas  to  declaration  on  titling,  when  filed,  §309 219 

Pleas,  when  to  be  filed,  §308 210 

Postponement  of  cases,   §311 220 

Removed  cases,  assignment  for  trial.  §322 227 

Removed  cases,  transmission  of  record.  §322 227 

Return  days,  §303 218 

Return  days,  practice,  §300 218 

Speedy  Judgment  Act. 

Admissions,  when  presumed.  §312 221 

Affidavit  to  plaintiff's  claim,  by  whom  made,  particulars, 

§313 222 

Bond,  bill  or  account  to  be  filed,  §313 222 

Certificate  of  counsel  to  accompany  plea,  §312 221 

Counsel  fee,  when  allowed  to  defendant,  S31.5A 224 

Counsel  fee,  when  allowed  to  plaintiff,  §315 224 

Damages  after  judgment  by  default,  assessment,  §314....  223 

Decisions,    note 222 

Entry  of  judgment,   §312 221 

Judgment    below    court's   jurisdiction,    practice,    §312....  221 
Judgment    by    default,    conditions    on    which    it    may    be 

stricken  out,  §315A-1 224 

Judgment  for  portion  of  claim  admitted  to  be  due.  §312.  .  221 

Jury  trial,  motion  to  be  in  writing.   §314 223 

Pleas  and  affidavit,  time  of  filing  may  be  extended,  §312. .  .  221 

Pleas  to  be  sworn  to,  §31 2 221 

Terms  of  court,   §302 217 

Thirty-day  rule,  definition.  §318 220 

Trial  calendar,  order  of  cases  on.  §310 220 

Writs.  i-enewal»le  until  executed.   §305 218 

Witne.sses,   compensation,    §387 24.''» 


(jj^2  INDEX. 

Crimks  AM)  Punishments.  page 
See  "Justices  of  the  Peace." 

Criminal  Court  to  liave  jurisdiction,  §330 230 

Fire  apparatus,  wilful  destruction,  etc..  §446 25(5 

Penalties  for  certain  crimes,  etc,  §702 408 

Cbiminal  Court. 

Appearance  fee  of  traverser's  attorney,  §342 232 

Assistant  counsel  for    State,    appointment   and   compensation, 

§350    233 

Bail,  forfeiture  of,  attachment  for  contempt,  §347 232 

Bail,  surrender  of  principal  by  security,  §344 232 

Binding  out  children  of  convicts,  §345 232 

Capias,  return  by  sheriff,  §333 230 

Capias,  sheriff's  fees,  §334 231 

Commitments  and  recogniz;ances,  justices  to  return,  §332 230 

Fines  and  costs,  imprisonment  for  non-payment,  §443 255 

Grand  Jury,  appointment  of  clerk,  §604A 301 

House  of  Good  Shepherd,  jvidge  to  visit,  §518 278 

Insane  convicts,  removal  to  Bay  View  Asylum,  §120a 128 

Jurisdiction,  §§330,  444 230,  255 

Petty  larceny,  penalty,   §331 230 

Presentment  to  bear  name  of  prosecuting  witness,  §343 232 

Prosecution  of  offenders,  §444 255 

Removed  cases,  fee  of  State's  Attorney,  §349 233 

Sessions  of,  §328 229 

Sheriff's  returns,  penalty  for  failure  to  make,  §338 231 

Special   sessions,    §329 230 

State's  Attorney,  additional  fees,  §430 254 

Subpoena,  when  returnable,  §335 231 

Subpoena,  renewal  by  clerk,  §337 231 

Subpoena,   sheriff's  fee,    §336 231 

Vagrants  may  appeal  from  justices'  decisions,  §866,  note 534 

Witnesses  before  Grand  Jury,  swearing,  §339 231 

Witnesses,  fees,   §387 245 

Witness,  penalty  for  non-appearance,  §346 232 

Damages  and  Benefits. 

Assessment  of  to  same  person,   §174 152 

Opening,   etc.,   streets,    §6 32 

Rule  in  assessing,    §174,  note 152 

Dances,  Soxkees  and  Mask  Balls. 
See  "Special  Police  Fund." 

Dead  Bodies. 

Anatomy  Board,  membership  and  duties,  §298 216 

Bond  of  physician  using,  §299 217 

Distribution  by  Anatomy  Board,  §298 216 

Friends  or  relatives  to  receive,  if  claimed,  §298 216 

Penalty  for  violation  of  law,  §298 216 


INDEX.  613 

Deaf,  Dumb  axd  Blind.  page 

Age  limit  for  instruction,  §395 24(5 

Application  for  instruction,  §395 24(5 

Applications,  duty  of  Governor  with  reference  to.  §39G 247 

Applications,  order  of  disposition,  §39G 247 

Appropriation,  annual,  §397 247 

Appropriation,  exhaustion  of,   §390 247 

Appropriation,  maximum  expenditure.   §§o9(},  397 247 

Blind,  cost  and  term  of  instruction,  §399 248 

Certificate  of  fitness  of  applicant,   §395 246 

Maryland  Institute  for  Education  of  Deaf  and  l)uml>.  to  re- 
ceive,   §395 24(5 

Qualification  of  applicant  for  instruction.  §§395-399 246-248 

Report  of  disbursements  by  Governor,  §400 248 

Transportation   expenses,    §396 247 

Dealers  in  Coal. 
See  "Coal." 

Decrees. 

Sale  of  mortgaged  premises,  §720 375 

Dedicated  Streets. 

Acceptance  of,  note, 34 

Presumption  of  dedication,  how  raised,  §840a 504 

Streets,  etc..  laid  out  prior  to  April  8.   1908,  when  presumed 

dedicated,    §S40c : 505 

Streets,  presumed  to  be  dedicated   unless  barred   by  a  gate. 

etc.,  or  marked  "private  way,"  §840a 504 

Deeds,   Leases  and  Transfers. 

City  Solicitor  to  approve  legal  form  of,  §63 93 

Defal*lt  by  Mortgagor. 
See  "Mortgages." 

Degrees. 

See  "Johns  Hopkins  University." 

Department  of  Charities  and  Corrections. 
See  "Charities  and  Corrections." 

Department  of  Legislative  Reference. 

Annual    report,    §208B 174 

Bills  and  ordinances,  to  prepare,  §208B " 174 

Data  on  operation  of  laws,  §20SB 174 

Executive   Officer,   duties,    §208 A 174 

Executive  Oflicer,  salary,  §20SC 174 

Expenses,    §208C 174 

Index   information,    §208B 174 

Legislation,  to  report  on,  §208B 174 

Membership,    §208A 171 


614 


INDEX. 


Department  of  PuiiLic  Improvements.  page 
Board   of  Public   ImproA'ements   for   consultation   and  advice, 

§84    101 

Chief  Engineer,  appointment,  qualifications,  duties  and  salary, 

§84    100 

City  Surveyor,  salary  and  duties,  §84 101 

Highways    Engineer,   duties,    §84 101 

Officials  who  constitute,   §84 101 

Departmental  Estimates. 

See  "Board  of  Estimates." 

Deputies,  Assistants,  Clerks  and  Subordinates. 

Appointment  and  removal,  §28 65 

Deputy  Sheriff. 
See  "Sheriff." 

Destroying  Property  Maliciously. 

Garments,  wearing  apparel,  etc.,  penalty,  §401 248 

Goods,  wares,  merchandise,  penalty,  §401 248 

Detectives,  Private. 
See  "Licenses." 

Disorderly  and  Idle  Persons. 

See  "Vagrants  and  Disorderly  Persons." 

Dispensaries. 

See  "Health." 

Districts. 

See  "Legislative  Districts." 

Docket  Entries  and  Papers  in  Suits. 
See  "Mortgages." 
Evidence  in  suits,  production  by  subpoena  duces  tecum,  §388. . .     245 

Drays. 

License  and  regulate.  §0 " 

Drunkenness. 

Treatment    of.    §143 133 

Duties — Auction.  i 

See  "Auctioneers." 

Earnings  of  Prisoners  in  Jail. 

Allowance  on  discharge,  §124 128 

Easements,  Public. 
See  "Franchises." 

Education. 

See  "Schools." 

City  may  receive  funds  in  tru.st  for,  §2 2 

Education,  Department  of. 
See   "Schools." 


INDEX.  (515 

Egbess  from  Buildings.  page 

See   "Buildings." 
Election  Returns. 

See  "Police  Commissiouers." 

Elections. 

City  Council,  First  Branch,  §212 176 

City  Council.  Second  Branch,  §213 176 

Comptroller.   §33 69 

Mayor,    §16 59 

Mayor,  qualifications  of  voters,  §16 59 

President,  Second  Branch  City  Council,   §214 176 

Electrical  Commission. 

See  "Stocks.  Loans  and  Finance." 

Member  of  Department  of  Public  Improvements.  §84 101 

Eminent  Domain. 

See  "General  Condemnation  Law.  " 

Employees  and  Subordinates. 

Appointment  and  removal,  §28 65 

Engineers,   Board  of  Examining. 
See  "Examining  Engineers." 

Enoch  Pratt  Free  Library. 
See  "Pratt  Free  Library." 

Erection  of  Steam  Boilers. 

Permit  from  city.  §585 296 

Erroneous  Assessments. 

See  "Assessments"  and  "Appeal  Ta.x  Court." 

Establishment  of  Grade  Lines. 

General  power  of  city,   §6 34 

Estimates  fob  Axnu.vl  Appropriations. 
See  "Board  of  Estimates." 

Estimates  for  New  Impro\'ements. 
See  "Board  of  E.stimates." 

Estoppel. 

Decisions,    note 180 

Eutaw   Place. 

Conditions  of  acceptance,  §836 500 

Tracks  on  cross  streets  not  prohibited.  S8:*.7 500 

Eutaw  Square. 

Extension  of  parking,    §6 30 

Evidence. 

Docket  entries  and  original  papers  sufficient.  §388 245 

Master  Electrician's  license,  §663g 342 

Ordinances,   printed   volumes,    §219 184 


616 


INDEX. 


Examining  Engineers.  page 

Accounts,    §430 251 

Appointment,     §426 249 

Authority  and  powers,  §429 251 

Bond.  §42G 249 

Certificate   book,    §430 251 

Certificate  framed  and  displayed,  §428 2-50 

Certificate  of  proficiency,   §427 249 

Cliarges  against  engineers,  §428 250 

Clerli.  salary,  §429 251 

Examination  of  applicants,  §429 251 

Examinations,  notice  of,  §426 249 

Exemptions,    §428 250 

Expenses,  vouchers  for,  §430 251 

Fees  for  certificates,    §427 249 

Inspection  of  plants,   §429 251 

Salaries,    §430 251 

State  Board  of  Boiler  Inspectors,  report  to,  §429 251 

State  Comptroller  to  inspect  certificate  book,  §430 251 

Exchange,  Bills  of. 

See  "Bills  of  Exchange  and  Promissory  Notes." 

Execution. 

See  "Mortgages"  and  "Special  Police  Fund." 

Bail,  forfeiture,  S278e 206 

Officers'  fees,  §384 244 

Officers  for  whose  fees  sheriff  may  execute,  §385 244 

Executive   Departments. 

List  of,   §31 67 

Mayor,  chief  executive,  §31 66 

Fallsway. 

See  "Stocks,  Loans  and  Finance." 

Fares  and  Street  Railways  . 

See  "Railroads  and  Railways." 

Female  Notaries  Public. 
See  "Notaries  Public." 

Fenders  on  Cars. 

Passenger  railways  to  provide,  §6 27 

Ferries. 

See  "Broadway  and  Locust  Point   Steam  Ferry  Company." 
See  "Municipal  Ferry." 

Finance,  Stocks,  Loans  and. 

See  "Stocks,  Loans  and  Finance." 

Fines  and  Imprisonments. 

Power  of  city  to  prescribe,  §6 53 


INDEX. 


617 


Fixes,  Fokfeitukes   and  Pex.vlties.  page 

Aliens  landing  within  fifty  miles  of  city,  ^525 2S0 

Assault   and  battery,    §229 192 

Billiards,  unlicensed  tables,   §059 335 

Disi3eusaries,  conditions  on  which  fines  are  paid  to,  H-IO 254 

Dispensaries  to  receive'  bawdy  house  fines,  §439 254 

Fish,  sales  under  weight,  §457 260 

Fines  imposed  by  Criminal  Court,  city  to  receive  one-half,  §438.  254 

Firemen,    assaulting.    §447 257 

Horse  dealers,  unlicensed,   §0G2 338 

Houses  of  ill-fame,  disposition  of  fines  from,  §439 254 

Immigrant  paupers,  failure  of  owner  of  vessel  to  give  bond  for, 

§520     279 

Immigrants,  failure  of  master  of  vessel  to  report,  §519 278 

Imprisonment  when  fines  and  costs  not  paid,  §443 255 

Indictment  for  violation  of  Acts  of  Assembly  or   ordinances, 

§444    255 

Informers,  rights  of  unaffected,   §438 254 

Jail,  time  to  be  serveil  in,  for  non-payment  of  fine  and  costs. 

§443    255 

Jurors,  absence  from  duty,  §611 307 

Jurors,  dereliction  of  duty,  §620 310 

Jurors,  fraud  in  drawing,  §614 308 

Jurors,  sheriff's  liability  for  fraud,  §616 309 

Justices  of  Peace,  police  officers  and  constables  not  to  receive 

fees  for  recovery,  §639 325 

Justices  of  the  Peace,  excessive  fees,  §656 331 

Larceny,  sales  of  goods  by  children,  etc.,  §656b 331 

Liquor  in  City  Jail,  §135 130 

Liquor,  sales  without  license,  §§684,  688 ,356,  358 

Liquor,  violations  of  license  requirements,  §685 357 

Market  fees,  illegal  collection  of.  §708 373 

Midwives,  boarding  infants  without  license,  §493k 269 

Oils,  unlawful  sale  of,  §§451,  453,  455 258,  259 

Oysters,  sale  without  measuring.  §735 383 

Park  Commissioners,  power  to  impose,  §92 107 

Pawnbrokers.   §§692,  693 366,  367 

Pollution  of  water  supply,    §905 543 

Provisions  of  sec.  443  to  apply  to  fines  imposed  1)y  iiolice  magis- 
trates,  443  A 255 

Railroads,  coupon  tickets,  §792d 428 

Railroads,  safety  gates  at  grade  crossings,  §792 427 

Real  estate  brokers,  unlicensed,  §696 368 

Seats  for  female  employees,   §506 2ti9 

Security  for  fines  and  costs  not  allowed,  §44."> 255 

Sentence  on  conviction  in  criminal  cases.  §444 255 

Sheriff  liable  on  bond  for  payment  of  moneys  collected.  §442..  255 

State's  Attorney,  additional  fees  from,  §438 254 


glS  INDEX. 

Fines,  Forfeitures  and  Penalties. — Continued.  page 

Steam  boiler  inspection,   §5S9 29(5 

Stevedores,   unlicensed,   §700a .370 

Street  railways,  hours  of  labor,  §795 429 

Unclaimed  fines  payable  to  city,  §441 255 

Fire. 

See  "Fire  Department"  and  "Fire  Regulations." 

General  powers,  §6 12 

Veteran  Volunteer  Firemen's  Association,  §448 258 

Fire  Alarm  and  I'olice  Telegraph. 
See  "Police  Commissioners." 

Fire  Commissioners,  Board  of. 
See  "Fire  Department." 

Fire  Crackers. 

Power  to  regulate  and  prohibit,  §6 50 

Fire  Department. 

Apparatus,  penalty  for  injury  to,  §446 256 

Assaulting    fireman,    penalty,    §446 256 

Board  of  Fire  Commissioners. 

Appointment,  duties  and  salary,  §69 95 

Department  Public  Safety,  sub-department  of,  §69 95 

Pension  and  relief  of  widows  and  children,  §70 95 

Retirement  of  firemen,  §70 95 

Subordinates,   appointment   and   compensation,    §69 95 

Ferries,  firemen  and  apparatus  to  pass  without  charge,  §437. . .  254 

Fire  gongs,  penalty  for  not  installing,  §447c 257 

Pensions  and  relief  of  widows  and  children  of  firemen,  §445.  . .  256 

Retirement  and  pension,  general  power,  §6 12 

Fire  Escapes. 

Sweat  shops  to  )»e  provided  with,  §280 210 

Fire  Exits. 

Owners  of  theatres,  etc.,  to  provide,  §80 99 

Penalty  for  failure  to  provide,  §81 99 

Fire  Regulations. 

Fire  gongs,  buildings  not  required  to  have,  §447d 257 

Fire  gongs,  size  and  location.  §447b 257 

Fire  gongs  to  be  placed  in  hotels  and  apartment  houses.  §447a.  .  257 
Illuminating  Oils  and  Fluids. 

Accidents  from  explosion,  penalty,  §453 259 

Barrels,  penalty  for  failure  to  stamp,  §451 259 

Barrels,  test  warranty  stamped  on.  §450 258 

Confiscation,  evidence  of  inspector,  §454 259 

Fire  test,  §449 258 

Inspectors,  false  report,  penalty.  §455 259 

Provisions  not  applicable  to  oil  for  export  or  use  In  street 

lamps,   §456 260 

Te^.  rights  of  purchaser  for  failure  to  stand,  §452 259 


INDEX.  (Jij) 

Firemen.  page 

See  "Fire  Department. " 

Fish. 

Bass  under  weight,  sale  proliibited,  ^4'u 260 

Perch  under  weight,  sale  prohibited,  §457 260 

Sale  and  disposition,  power  to  regulate,  §6 13 

Fiscal  YejlR. 

Period    of,    §32 68 

Police  Commissioners  to  estimate  sum  necessary  for,  §747 399 

Taxable  basis  for  ensuing,  report  to  City  Council.  §40 79 

Taxes,  assessment  and  levy  for,   §171 : 150 

Floating  Debt. 

Prohibited,    §40 80 

Footways. 

Abutting  property  owners  to  pave  or  repair,  S6 38 

Poles,  wires,  etc.,  on,  power  to  regulate,  §6 39 

Powers  with  reference  to,  §6 37 

Trees  on,  power  to  regulate,    §6 39 

Forfeiture  of  Bail. 
See  "Bail." 

Fortune  Tellers. 

Classed  as  vagrants,   §866 533 

Power  to  license,  regulate,  tax  or  suppress,  §6 21 

Fount^uns. 

Art  Commission  to  approve,   §202 171 

Erection  and  regulation  of,  §6 26 

Frame  Structures. 
See  "Buildings." 

Franchises. 

See  "Board  of  Estimates." 

Application,  advertisement  of,  §10 56 

Board  of  Estimates  must  approve  terms  and  conditions  and 

fix  compensation,  §37 76 

City  may  take  over,  §9 5'> 

Compliance  with  terms  enforceable  by  city,  §9 56 

Control   and   regulation,    §11 5^ 

Decisions,    note ISO 

Duration  and  conditions  of  re-grants  in  Annex.  §800a 431 

Duration    limited,    §9 55 

Franchises  not  to  be  granted,  §8 54 

Ordinance,  must  be  granted  by,  §37 76 

Re-grants  in  Annex,  graduated  Park  Tax,   §800a 432 

Terms  and  conditions  embodied  in  ordiuiince,  §37 76 

United  Railways  and  Electric  Company,  re-grant  of  franchises 

in  Annex,  §8001) 432 

Valuation  of  renewals,    §9 55 

Wharves,  need  not  be  granted  to  highest  bidder,  §37A 78 


620 


INDEX. 


Fraud  Against  Police  Funds.  page 

See  "Special  Police  Fund." 

Feee  Library. 

See  "Pratt  Free  Library." 

Front   Foot   Rule. 

Assessments  for  grading,  etc.,  made  by,  §6 38 

Fruits,  Vegetables,  Etc. 

Power  to  license  and  regulate  sale,   §G 13 

Funds. 

See  "Sinking  Funds,"  "Special  Police  Fund,"   "Stocks,  Loans 
and  Finance." 

Funerals. 

Ferries,  to  pass  free  over  same,  §437 254 

Garbage  and   Street  Dirt. 

Contract  with  United  Railways  for  removal  and  (lisi)ositioii. 

§841ee    •'524 

Hours  for  removal,  §S41ee 524 

Receptacles,   §S41ee 524 

Gas  and  Oils,  Illuminating. 

See  "Illuminating  Oils  and  Fluids." 

Gas  Companies. 

Candle  power  of  gas,  §462 260 

Natural  gas,  agreement  may  contain  conditions  as  to  artificial 

gas,    §462b 261 

Natural  gas,  conditions  on  which  it  may  be  introduced  in  city, 

§462a    260 

Natural  gas,  provisions  of  act  not  to  limit  powers  of  Public 

Service    Commission,    §462c 261 

Overcharges  prohibited,  §542 284 

Price  of  gas,  §461 260 

Testing  gas,  specifications,  §462 260 

Gas  Meters. 

Consumption  of  gas  shown  by  meter,  no  charge  in  excess  of. 

§542    '\ 284 

Installation  required,  §541 284 

Tests,  rules  governing,  §543 285 

Gaugers  of  Casks  and  Liquors. 

See  "Inspections,  Weights  and  Measures." 

General  Condemnation  Law. 

Amendments,  to  petition,  answer  and  other  proceedings,  court 

may  permit,  A]ip.  §5 565 

Answer,  time  may  be  extended  by  court,  App.  §5 565 

Answer,  when  to  be  filed,  App.  §4 565 

Appeal,  right  of.  when  to  be  entered,  App.  §12 568 

Appeals,  when  to  be  heard  by  Court  of  Appeals,  App.  §14 569 


INDEX.  621 

Gkxeral  Coxdemxatiox  Law. — Continued.  page 

Bills  of  Exception,  when  to  be  signed,  App.  §12 568 

Condemnations,  all  to  conducted  under  provisions  of  this  Act. 

except  street  condemnations.  App.  SI 5 569 

Costs,  in  Court  of  Appeals  to  be  paid  as  that  Court  directs,  App. 

§16    569 

Costs,  in  lower  court  to  be  paid  by  petitioner,  App.  §1(5 569 

Demurrers,  motions,  etc.,  how  disposed  of,  App.  §5 565 

Guardian  ad  litem,  court  may  appoint.  App.  §4 565 

Intervene,  right  of  persons  to,  App.  §10 567 

Invalidity  of  sec.  17  not  to  affect  remainder  of  Act,  App.  §l.s. . .  570 

Jury,  how  secured,  App.  §7 566 

Jury,  oath  of,  App.  §8 566 

Jury  to  view  premises,  App.  §8 566 

Jury,  who  may  accompany  jury  to  view  premises,  App.  §8 566 

New  day  to  be  fixed  for  trial  if  verdict  set  aside,  App.  §11 56S 

Non-resident  or  unknown  defendant,  order  of  publication  for. 

App.   §3 5()4 

Petition  to  be  filed,  what  it  shall  set  forth.  App.  §2 564 

Possession  of  property,  how  same  may  be  secured  pending  ap- 
peal, App.  §17 569 

Powers  and  disabilities  of  tho.se  accompanying  jury,  Apj).  §s. . .  567 

Private  property,  acquisition  of,  for  public  use,  App.  §1 564 

Procedure  at  new  trial.  App.  §11 568 

Record,  when  to  be  filed  in  Court  of  Appeals.  App.  §12 568 

Street  condemnations  not  subject  to  provisions'  of  this   Act, 

App.    §15. 5(!9 

Summons,  renewal  of,  App.  §.3 564 

Summons,  to  be  issued  for  defendants,  App.  §3 564 

Title  to  property,  to  be  a  fee-simple  title.  App.  §13 569 

Title  to  property,  when  to  vest  in  petitioner  App.  §13 568 

Trial  day,  when  to  be  fixed  by  court,  App.  §6 566 

Trial,  procedure  at,  App.   §9 567 

Verdict,  how  judgment  shall  be  entered  upon.  App.  §11 568 

Verdict,  judgment  to  be  entered  on,  App.  §11 568 

Verdict  of  jury,  may  be  excepted  to,  etc.,  App.  §11 567 

General  Fund  Bonds. 

See  "Stocks,   Loans  and    Finance." 

General   Powers. 

Buildings,  §6 6 

Carriages,    §6 7 

Chimneys,  §6 S 

Condemnation  of  property.  §6 8 

Decisions,    note 183 

Fire,    §6 12 

Fish.    §6 13 

Fruits,  meats,  vegetables  and  other  artiel(>s.   §(! i:'. 

Harbor,  docks  and  wharves,  §6 13 


022  INDEX. 

General  Powers. — Continued.  page 

Health,    §6 14 

Hospitals,  §6 17 

In.spections,    §6 17 

Jail,   §6 18 

Jones'   Falls,   §G 18 

Libraries,   §0 22 

Licenses,  §(> 21 

Marliets,   §6 22 

Municipal  ferry,  §6 23 

Parks,    §6 23 

Peddlers,    §6 26 

Police,   §G 25 

Police  power,   §6 25 

Property  and  f raucliises  vested  in  city,  §2 2 

Property,  may  receive  in  trust  and  dispose  of,  §2 2 

Property,  power  to  dispose  of,  §1 1 

Property,  power  to  hold,  §1 1 

Public    recreation,    §6B 54 

Pumps,  fountains  and  springs,  §6 26 

Railroads,  §6 26 

Schools,    §6 28 

Seal,  use  and  alter,  §1 1 

Sewers,   §6 28 

Squares,  springs  and  monuments,   §6 30 

Stocks,  loans  and  finance,   §6 31 

Streets,  bridges  and  highways,  §6 32 

Bridges  and  turnpike  roads,  §6 42 

Cleaning  and  ligliting  streets,  §6 40 

Conduits,  electrical  commission  and  rentals  of  conduits,  §6.  41 

Distributing  poles  and  other  similar  structures,  §6 42 

Footways,    §6 37 

Grade  lines  of  streets,  §6 34 

Grading,  paving,  curbing,  etc.,  streets  (special  ordinance), 

§6    35 

Grading,    paving,    curbing,    etc.,    streets,    §6. 36 

Levy  of  tax  to  pay  unpaid  assessments  for  grading,  paving, 

etc.,    §6 37 

Light  Street  Bridge,  §6 42 

Numbering  houses,    §6 39 

Opening  of  street  surface,  §6 39 

Regulating  use  of  sidewalks  and  streets  by  signs,  poles. 

wires,  trees,  etc.,  §6 39 

Regulating  use  of  streets,  obstructions  and  encroachments, 

§6    38 

Use  of  streets  by  tracks,  poles  and  wires.  §6 40 

Succession,  perpetual,  §1 1 

Sued  and  be  sued,  §1 1 


INDEX.  (\2i] 

General  Powers. — Continued.  page 

Surveyor.    §6 4S 

Taxes,   §« '^'^ 

Abatement  to  encourage  manufactures.  SG 44 

Annual  levy,   §G 43 

Collection  of  taxes,  §G 45 

Property  taxal)le,  iJO 43 

Theatrical  and  otlier  imbiic  amusements,   §(i 4(>. 

Water,    §6 4(; 

Acquisition  of  land  and  water  coui'ses.  §0 4t; 

Acquisition  of  property  and  materials  by  agreement.  §6.  47 

Compensation  of  jurors  and  sheriff,  §6 HO 

Duty    of    court,    §6 49 

Duty  of  jury,  §6 48 

Inquisition,    §6 40 

Property   condemned,    §6 49 

Oath.    5|G 48 

Or  may  acquire  same  by  condemnation  proceedinj^s.  §(> 47 

Sale  of  water,  §6 47 

Selection  of  jury.  §6 48 

Selection  of  jury,  §6 -^0 

Water  bonds,  §6 51 

Water  stock,   §G 50 

Water  .system  in  Annex  and  suburbs,  §6 51 

Welfare  and  other  powers,  §G 52 

German  Newspapers. 

Advertising  in.  authorized,  §222a I'^S 

German  Society  of  Maryland. 
See  "Immigrants." 

Grading,  Paving.   Etc..  Streets. 

Application  of  owner,    §G 36 

Appeals  to  City  Court  and  Court  of  Appeals.  §G 35 

Assessments  for  cost  of  work,  S6 35 

Changes  of  grade  for  railroad  tracks.  §G 27 

Jones'  Falls  Improvement,   SG 20 

Ordinance,  authority  to  provide  for  Ity.  §G 36 

Special  ordinance,  hearing  before  passing,  §6 35 

Special  ordinance,  notice  before  passing,  §G 35 

Grain  Brokeks. 

•    License,    §694 367 

Grand  Jury. 

See  "Jurors." 

Licenses,  sheriff  to  furnish  list,  5(701 370 

Presentment  to  have    name  of   proscHJUting   witness   endorsed 

thereon,    §34.*} 232 

Witnesses,  liow  sworn,  §3:',9 278 


024  INDEX. 

Green  Spring  Avenue  Road.  page 

Deed  for,   §6 24 

Jurisdiction,    powers    §6 24 

Gunpowder. 

Storage,   §0 12 

H 
Hackney  Carriages. 

See  "Carriages,  Horses  and  Automobiles,  Haclvney  Carriages." 

Harbor  Board. 

Member  of  Department  of  Public  Improvements,  §84 101 

Harbor,  Docks  and  Wharves. 

See  "Stocks,  Loans  and  Finance." 

Duty,  failure  to  perform,  city  not  liable,  §469 262 

General  powers  as  to,  §6 18 

Harbor  Master,  appointment,   §34 69 

Harbor  Board. 

Department  of  Public  Improvements,  member  of,  §84....  101 

Harbor  Engineer,  duties,   §SS 105 

Harbor  Engineer  to  be  president,   §88 105 

Harbor,  wharves  and  navigable  waters,  to  have  charge  of, 

§88 105 

Subordinates,  appointment,   §88 105 

Iceboat  Annapolis. 

Expenses  paid  by  city,  §484 264 

Harbor  Board  to  appoint  officers  and  crew,  §481 263 

Harbor  Board  to  have  control,  subject  to  Governor's  orders, 

§480    263 

Receipts  and  disbursements,  report  to  Governor  and  Comp- 
troller,   §485 264 

Towage  rates,  §483 264 

UE'e,  clearing  harbor  and  relieving  vessels,  §482 263 

Iceboats  Annapolis  and  Latrobe. 

Use,  also  channels  of  Cbesaneake  Bay  and  tributaries,  §483  264 

Made  land,  city  dock,  title  to,  §467 262 

Penalty  for  violation  of  sec  463.  §464 261 

Public  wharves  may  be  leased  in  the  discretion  of  Board  of 

Estimates,    §37A 78 

Wharf  or  dock,  not  to  obstruct,  penalty,  §468 262 

Wharves,  piers,  etc.,  not  to  be  altered,  extended  or  removed 

without  consent  of  Harbor  Board,  §463 261 

Wood,  landed  on  State  Wharves',  charges,  §479 263 

Wood,  when  it  may  be  landed  on  State  Wharves,  §478 263 

Haubert  Street  Wharf. 
See  "Ferries." 

Hawkers,  Hucksters  and  Peddlers. 

License,    §6 21 


INDEX.  ^25 

Hay  and  Straw.  page 

See  ''Inspections,  Weights  and  Measures." 

Hay  Scales. 

Storage  charges  at,   §562 289 

Heads  of  Departmexts. 

Authority  to  pass  rules  and  regulations,  §31 67 

Estimates  to  Board  of  Estimates,   §36 72 

Finance,  Department  of,  §32 t OS 

^Meetings  of  boards  tliat  are  lieads  of  departments,  §31 1 (iO 

Minority  membership  of  bodies  forming,  §30 6G 

*   Participation  in  discussions  in  First  Branch  City  Council,  §29. .  66 

Reports  to  Mayor.  §24 63 

Subordinates,  power  to  appoint,  §28 65 

Tenure    of    office,    §27 65 

Health. 

See  "Commissioner  of  Health,"   "Nuisances,"  and   "Tenement 

and  Lodging  Houses." 
Chemical  laboratories,  city  may  prohibit  by  ordinance,  §493..     266 
Chemical  laboratories,  erection,  consent  of  city  required,  §493     266 

Decisions'  relating  to,  note 15-17 

General    powers,    §6 14 

Hospitals  for  infectious  diseases,  see  "Hospitals." 

Offensive    trades,    §6 15 

Seats  for  female  employees  in  stores  and  factories,  §505 269 

HicERMAX  Society  of  B.ultimoke. 

Immigrants,  commutation  money,  portion  payable  to.  §528.  .  . .     281 
Immigrants,  penalties,  portion  payable  to.  §529 281 

Highways  Engineer. 

Appointment,  duties,  qualifications  and  salary,  §86 102 

Department  of  Public  Improvements,  head  of  first  sub-depart- 
ment of,  §86 103 

Improved  pavements',  permits  for  tearing  up,    §&6C 104 

Improved  pavements,  protection  of,    §86B 103 

Notice  by,  before  improved  paving  is  laid,  §S6B 103 

Sewerage  System,  upon  completion  to  have  charge  of  mainten- 
ance and   extension  of,   §86D 104 

Subordinates,   appointment  and   compensation,    §86 103 

Holidays. 

Legal.    §279b 209 

Horse  Dealers. 

See  "Licenses." 

Horses,  Carriages  and  Wagons. 
See  "'Auctioneers." 

Regulations  by  Mayor  relating  to,  §258 198 

Sale,  Mayor  may  designate  place  of,  §258 198 


626 


INDEX. 


Horses,  Mares  and  Geldings.  page 

See  "Livery  Stable  Keepers." 

Horseshoeing. 

Board  of  Examiners  for  Horseshoers. 

Appointment  and   term.   §515b 273 

Meetings,   rules,  examinations,   §515c 273 

Certificate,  who  is  entitled  to  without  examination,  §515d 274 

Certificates,  record  of,  copies,  §515e 274 

Horseshoers  must  obtain  certificate  and  register,  §515a 273 

Penalties  for  violation  of  law,  §515f 274 

Penalties,  disposition  of,  §515f 274 

Hospital — Contagious  Diseases. 

See  "Stocks,  Loans  and  Finance." 

Hospitals. 

Garage,  livery  or  hiring  stablos.  not  to  be  erected,  altered  or 

used  within  600  feet  of  public,  §448a 258 

General  powers,  §6 17 

Hospital    for   Consumptives    of    Maryland,    appropriation    for, 

§493g 268 

Infectious  Diseases. 

Ordinance  authorizing  .site,  how  passed,  §493d 267 

Ordinance   authorizing   site   shall    specify   diseas'es   to   be 

treated,   §493e 267 

Site  authorized  by  ordinance,  §493d 267 

Suspected  persons  may  be  detained,  §493f 267 

Use  limited  to  diseases  specified  in  ordinance,  §493e 267 

Hotels. 

See  ''Fire  Regulations." 

Hotels  and  Apartment  Houses. 
See  "Fire  Regulations." 

Hours  of  Labor  and  Wages. 

City  contractors,  hours  of  employees,  §516a 275 

Day's  work,  number  of  hours,  §516 275 

Exemption,    §516 275 

Laborers,  etc.,  employed  by  rify  contractors,  per  diem  wages, 

§516    275 

Laborers,  etc.,  employed  by  city  per  diem  wages.  §516 275 

Law  not  applicable  to  employees  of  Fire  Dept.  Bay  View  Asy- 
lum or  Jail,   §516c 276 

Railroad   employees,   See   "Railroads  and  Railways." 

Houses. 

See  "Buildings." 

Numbering  same,  §6 39 

House  of  Correction. 

See  "Houses  of  Refuge  and  Reformation." 

Erection  and    regulation,    §6 17 


INDEX. 


627 


Houses  of  Refl'ge  and  Reformation.  page 

Appropriation  per  capita  for  minors.   §517 276 

Boys'  Home  Society  of  Baltimore,  appropriation,  §517 276 

Colored  House  of  Reformation,  appropriation,   §517 276 

Criminal  Court  Judge  to  visit  House  of  Good  Shepherd,  §518. .  278 

Decisions,   §517,  note 276 

Exeter  Street  Rescue  Home  for  Women,  appropriation,  §517d, 

517f 278 

Female  House  of  Refuge,  §517 276 

Female  House  of  Refuge,  appropriation  for  repairs,  permanent 

improvements,  etc.,  §517 A 277 

Florence  Crittenden  Mission,  appropriation,  §517e 278 

House  of  Good  Shepherd  for  Colored  Girls,  appropriation,  §517  276 

Industrial  HoiiU'  for  Colored  Girls,  appropriation.  §517 276 

Marshal  of  Police  to  visit  House  of  Good  Shepherd,  §518 278 

Maryland  School  for  Boys,  appropriation,  §517 276 

Maryland  School  for  Boys,  appropriation  for  repairs,  perma- 
nent improvements,  etc.,   §517 276 

National   Junior  Republic,  appropriation  for  repairs,   perma- 
nent improvements,  etc.,  §517C 277 

President  of  Police  Board  to  vis'it  House  of  Good  Shepherd 

§518 278 

Prisoners'  Aid  Association,  appropriation,  §517C 277 

Reformatories  to  which  minors  are  committed  from  City,  appro- 
priation,  §517 276 

St.    Mary's    Industrial    School,    appropriation,    §517 276 

St.  Mary's  Industrial  School,  appropriation  for  repairs,  perma- 
nent improvements,  etc,   §517B 277 

St.  A'incent's  Male  Orphan  Asylum,   §517 276 

House  of  Good  Shepherd  fob  Colored  Girls. 
See  "Houses  of  Refuge  and  Reformation." 

Ice. 

Sale  on  Sunday  prohibited,  §§806,  807 438 

Ice  Boats. 

See  "Harbor,  Docks  and  Wharves." 

Illuminating  Gas,  Oils  and  Fluids. 

See  "Fire  Regulations"  and  "Gas  Companies." 

Immigrants. 

Aliens,  master  of  vessel  to  report  to  Mayor,  §51J) 278 

Ambassadors,  consuls  and  ministers  exempt  from  regulations, 

§531    281 

Bond  may  be  se(;ured  I)y  mortgage,  §522 270 

Bond  of  indemnity  against  pauper  aliens,  §.520 279 

City  Register,  percentage  on  money  collected,  §5;;o ,     280 

Commutation  money,  disbursement  of,  §528 281 

Fines  and  penalties,  disbursement,   §520 281 

Fines  and  penalties.  Mayor  may  compound  or  remit,  §.527....     280 


628 


INDEX. 


Immigrants. — Continued.  page 

Fines  and  penalties,  recovery,  §526 280 

Security  to  be  approved  by  Mayor,   §523 2S0 

Sureties  on  bond,  §521 279 

Tax  on  aliens  landed  in  lieu  of  bond,  §524 280 

Improvements. 

Decisions,    note 181 

Index  to  Deeds,  Conveyances,  Etc 
See   "Land  Records." 

Indices  of  Judgments. 

Clerks  of  law  courts  to  prepare,  §362 288 

Fees  of  clerk,  §362 238 

Inflammable  and  Explosive  Materials. 

See  "Fire  Regulations." 
Insane  and  Lunatic  Convicts. 

Visitors  of  Jail  may  remove,  §120a 127 

Inspections,  Weights  and  Measures. 

Barrel  for  measurement  of  green  peas  and  beans,  §§532-534.  .281-282 
Coal. 

Memorandum   of  weight,   penalty   for   failure   to   provide, 

§538 288 

Sales  by  bushel,  §540 •. 284 

Policemen   to  enforce  law,§§537-539A 283-284 

Seller's  compensation  for  weighing,  §539 284 

AVeighing,  penalty  for  failure,  §536 282 

False  marking,  penalty,  §549 286 

Fines  and  penalties,  recovery,  §6 IS 

Gauger,  who  cannot  act,  §546 .  -85 

Gangers  of  casks  and  liquors,  fraud,  penalty,  §551 287 

Gauging,  when  not  required,  §546 285 

Gauging  without  license  or  outside  city  limits,  penalties,  §551 . .  287 

General  powers,  §6 17 

Hay  and  Straw. 

Bond  of  inspectors,  ^J)L?> 287 

Fees,  inspector  to  account  to  Treasurer,  §564 289 

Fees  of  inspectors,  §556 288 

Fraud  after   weighing,   §559 289 

Hemps,  cable,  etc.,  to  be  weighed  by  inspectors,  §561 289 

Inspectors,  appointment,   §552 287 

Ijive  stock  to  be  weighed  at  Canton  scales,  §565 290 

Penalty  for  false  certificate  by  private  weigher.  §.558 289 

Re-weighing,  charge  for,  §560 289 

Scales,  adjustment,  §563 289 

Storage  charges,    §562 289 

Vendor,  penalty  for  failure  to  weigh,  §557 288 

Weighing  by  inspectors,  §554 287 

Weight,  certificate  by  inspector,  §555 288 

Weight,  certificate  by  private  weigher,  §555 288 


INDEX.  (329 

I.NSPECTioNS,  Weights  and  ^Measures. — Continued.  page 

Inspector  and  analyst,  §G IT 

Inspector  at  Cantim  scales,  compensation,  §5W) '2i)0 

Inspector  at  Canton  scales  to  record  weights  and  report  semi- 
annually to  Comptroller,  §566 200 

Licenses,  §554 2S5 

Live  stock,  additional  bond  of  inspector  at  Canton  scales,  §569.  291 

Live  stock,  imiiounding  for  fees,  §567 290 

Live  stock,  weighed  at  Canton  scales,  §565 290 

Manure,  measurement  of  cart  load,  §571 291 

;Milk  and  food  products',  sale,   §6 18 

Oils,  fluids  and  other  petroleum  products,  §6 12 

Scales  required,  penalty  for  failure  to  provide,  §535 282 

Weights  and  measures,  to  fix  standard,  §6 17 

Wine  measure  to  be  used,  penalty  for  error,  §548 286 

Inspector  of  BI'ILdings. 
See  "Buildings." 

»      Appointment,    qualifications,    salary,    §79 98 

Assistants,  clerks  and  subordinates,  appointment  and  compensa- 
tion.  §82 99 

Building  laws  and  regulations  to  be  enforced  by,  §§79.  82 98.  99 

Department  of  Bublic  Safety,  member  of,  §89 106 

Department  of  Public  Impro\ements,  member  of,  §84 100 

Exits,  inspection,  etc.,  §80 ^^ 

Exits,  owner  to  provide  proper,   §80 99 

Exits,  penalty  for  failure  to  provide,  §81 99 

Fire  gongs  in  hotels,  s^e  "Fire  Regulations." 

Public  Imildings.  superintend  construction  and  repair.   §89 106 

School  buildings,  construction  and  plans,  §99 110 

Inspectors  and  Analysts. 

Bakers,  candy   factories,  confectioneries,   inspectors  and  ana- 
lysts  of,    §73 ^6 

Duties  and  salaries,  §6 IS 

Milk  and  other  food  products,  inspection,  §74 96 

Sanitary  inspectors,  appointment,   §72 96 

Sewers,  inspection  of  private,  §6 •■ -^ 

Weights  and  measures,  inspector  of.  appointment,  §34 69 

Intelligence  Offices. 

License,    §6 ^^ 

Intestates'  Estates. 
See  -'Schools." 

Jail. 

Books  of  accounts  to  be  kept,  §125 1-^ 

Criminal  offences,  commitment  in  default  of  fines,  §444 255 

Department  of  Charities  and  Corrections,  Visitors  of  Jail  mem- 
ber,   §118 !-■< 

Diet,  bedding  and  clothing,  to  be  provided  jMisdners,  §121 128 


630 


INDEX. 


Jail. — Continued.  page 

General  i>owers,  §6 18 

Good  behavior,  deduction  from  sentence,  §139 131 

Good  behavior,   deduction   lost,  if  insubordinate,   §139 132 

Grand  Jury  to  visit  and  report  to  court,  §619 310 

Insane  or  diseased  convicts,  transferred  to  Bay  View  Asylum. 

§§120a,  144 127,  133 

Liquor  not  to  be  sold  or  given  away  in,  penalty,  §135 130 

Prisoners,  attorney  for,  may  see,  §§136,  137 131 

Prisoners,  employment  and  earnings,  §124 128 

Prisoners   serving    sentence   to   be   kept    separate   from    those 

awaiting  trial,  §140 132 

Prisoners  to  be  employed,   §122 128 

Prisoners,  to  receive  only  prison  fai'e,  except  on  order  of  Jail 

physician,    §138 131 

Prisoners,  visitors  to  must  have  li«'ense,  §§136,  137 131 

Vagrants  to  work  about  premises,  §123 128 

Visitors  of  Jail. 

Annual  statement  to  City  Register,  §134 130 

Appointment,    duties    and    powers,    §118 127 

Authority   over   Jail.    §120 127 

Meetings,    §119 127 

Warden. 

Account    to    visitors,    §133 130 

Appointment,    §126 129 

Assistants  and  servants,  §126 129 

A&sistants.  power  of  appointment,  §130 130 

Bond,    §128 129 

Commitments  directed  to.   §131 131 

Duties,    §127 129 

Oath  of  office,  §129 129 

Prisoners  to  be  transported  to  and  from  court,  §132 130 

Johns  Hopkins  University. 

Art  Commission  to  appoint  member,  §201 171 

Degrees,  power  to  confer,  §815 439 

Department  of  Legislative  Reference,  president  on  Board,  §208A  174 

Powers,  §814 439 

Joint  Convention  of  City  Council. 
See  "City  Council." 

Jones'  Falls. 

Acquisition  of  property,  §6 10 

Appeals  in  condemnation  cases,  §6 19 

Appeals,  none  from  Baltimore  City  Court,  §600 299 

Assessment  of  benefits  and  damages,  §6 19 

Bond  issue  of  $2.-500,000,   §6 20 

Collection   of  assessments,    §6 20 

General  powers,  §6 18 

Grades  of  streets,   §6 20 


INDEX.  Q^i 

Jones"  Falls. — Continued.  page 

Limits,   §6 20 

Ordiuauce  of  January  31,  1S70,  validated,  §601 299 

Walls,  when  city  may  build,  §6 21 

Wharves  or  quays  along,  §6 21 

Jones'  Falls  Improvement,  Fallsway. 

See  "Stocks,  Loans  and  Finance." 
Journal  of  City  Council. 

See  "City  Council." 

Judges,  Election  of,  §326,  note 229 

Judges  of  Orphans'  Court. 

Per  diem,  §352 2?A 

Judgments. 

Claim,  where  part  is  admitted,  §312 220 

Supersedeas  of,  by  whom  to  be  taken.  §647 327 

When  below  jurisdiction  of  court.  §312 220 

When  to  be  entered,  §312 220 

Jurors. 

Additional  jurors,  selection  and  duties.  §607 304 

City  Collector  to  furnish  list  of  taxable,  male  inhaititants.  §603.  ;U)0 

Clerk  to  Grand  Jury,  duties,  §604C ;;02 

Clerk  to  Grand  Jury,  oath.  §6(>4B 302 

Clerk  to  Grand  Jury,  penalty  for  violation  of  oath,  §6041) .'!03 

Drawing  and  summoning,  provisions  directory  and   not  man- 
datory,  §620 310 

Fraud,  in  drawing,  §614 ;'.09 

Grand  Jury,  clerk,  to  be  stenographer,  salary,  §604A .■{02 

How  selected,   §605 303 

In  trials  in  Circuit  Court,  §323 228 

Judgment  not  affected  by  irregularity  in  drawing  jury.  §620.  .  :;iO 

List,  Grand  Jurors  to  be  selected  from,  §(>04 ."JOl 

List,  to  be  selected  from,  §604 -"{Ol 

Minutes  of  Grand  Jury  in  custody  of  State's  Att(»niey.  §604(".  .  .■'>02 

Names  to  be  entered  in  two  books,  §606 304 

Pay,  City  Register  to  pay  in  cash.  §621 -{lO 

Penalty  for  non-attondance,  §611 307 

Peremptory    challenge,    State's    Attorney    may    challenge    five. 

§618    -lO 

Regular  panel,  procedure  when  exhausted,  §(>()!) 306 

Selection   of.    §602 -W^ 

Service,  not  liable  for  jury  duty  for  two  years  after.   §()12....  307 
Sheriff  or  deputies,  penalty  for  violation  of  this  sub-division 

of  this  article,  §616 309 

Sheriff   to   summon.    §608 '105 

Special  juries,  how  summoned.  §615 309 

Talesmen,  failure  to  appear.  610 306 

Term  of  service,  §611 •'<>" 

Those  not  needed  In  one  court  m.-iy  be  used  in  another.  §613.  .  308 


(?32 


INDEX. 


Jurors. — Continued.  page 

Two  judges  may  execute  these  provisions,  §(517 o09 

Volunteer  militia  exempt  from  petit  jury  duty,  §622 311 

Jury  Trial. 

Motion  for,  to  be  in  writing,  §314 223 

Justices  of  the  Peace. 

Accounting  for  fines,  affidavit  thereto,  details  of  account,  §643. .  326 

Appeal,  costs  of  justice  to  be  paid  before  trial,  §319 226 

Appeals  from  decisions,  §319 226 

Appointment  by  Governor,   §623 311 

Arrests,  when  police  magistrates  are  nut  on  duty,  §631 317 

Bond,  conditions  and  penalty,   §624 313 

Compensation,   when  called   out   of   office  may    receive   extra, 

§628    31.5 

Dockets  and  papers,  disposition  of  upon  death  or  removal,  §648.  327 
Dockets  and  papers  of  Justices  of  Peoples'  Court  to  remain 

in  custody  of  Chief  Constable,  §648 248 

Fees,  penalty  for  excessive,   §656 330 

Fees,  what  not  to  be  paid  by  city,  §639 325 

Fines,  forfeitures  and  penalties,  accounting  for  city's  portion, 

§644 326 

Fines,  forfeitures  and  penalties,  affidavit  when  none  collected, 

§645    327 

Fines,  forfeitures  and  penalties  imposed  under  State  laws  to 

be  paid  to  Clerk  of  Court  of  Common  Pleas,  §643 326 

Landlord  and  tenant,  appeal,  §655 330 

Landlord  and  tenant,  trial  of  re-entry  proceeding.  §653 329 

Landlord,  proceedings  in  re-entry  of  property,  §652 328 

Landlords  and  tenants,  powers  relating  to,  §852 530 

Magistrate  for  Juvenile  Causes. 

Absence  of,  §632A 312 

Appointment,  duties  and  salary,  §623 A 312 

Clerk.   §632A 312 

Contempt,  limits  on  power  to  punish.   §623AA 313 

Contempt  punishable  by  fine  not  exceeding  $20.  S623AA.  .  .  .  313 
]\linors,  arrest,  temporary  confinement  and   commitment, 

§623A ; 312 

Policemen  to  attend  court.  §623 A 312 

Qualifications,    §623A 312 

Rules  and  orders,  may  make.  §623 AA 313 

Stenographer,  appointment  and  salary,  §SS6P 541 

Substitute,  Governor  to  appoint  justice  to  act  as,  §623A.  . .  .  313 

Misdemeanor  in  office  punishable  by  removal.  §649 328 

People's  Court. 

Justices  of,  appointment,  salaries  and  duties,   §625 314 

Presiding  justice,  duties  and  powers.  §625A 314 

Salaries  to  be  paid  by  city,  §625 314 

Trial,  hours,  place  of.  §625 A 314 


INDEX.  633 

Justices  of  the  Peace. — Continued.  page 
Salaries,  otlier  than  those  specially  provided  for  in  sees.  ()23A. 

625  and  630-638,   §625B 315 

Station-house  Justices. 

Additional   justices,    §630 316 

Appeal,  none  after  payment  of  tine  or  expiration  of  sen- 
tence,   §632A 319 

Appeal,  time  of,  §632A 311) 

Appeal,  trial  in  Criminal  Court  to  be  de  novo,  §632A :*>1!) 

Appeals  from  to  Criminal  Court,  §632A 319 

Appearance,  collateral  for  when  justice  absent,  §631 317 

Appointment,  ottice  hours  and  duties,  §630 316 

Arrest  or  order  to  show  cause,  discretion  as  to  violations  of 

city  ordinances,  §632E 321 

Bail,   party   to  be  admitted  to,    pending  trial   of   appeal, 

§632A    319 

Bail,  police  captain,  etc.,  may  accept  in  double  amount  en- 
dorsed on  warrant,  §632F 321 

Bail  to  be  endorsed  on  warrant  before  issuing  same,  §632F  321 

Compensation,  not  to  receive  fees  or  gratuities,  §636 323 

Concealed  weapons,  §632 317 

Contempt,  power  to  punish  for,  rights  of  party,  §632H 322 

Conviction,  penalty  to  be  imposed,  §633 323 

Costs  to  be  paid  to  Police  Commissioners,  §646 327 

Discretion  when  charge  is  violation  of  city  ordinance,  §632E  321 

Failure  to  prosecute  appeal,  a  waiver  of  all  rights,  §632C. .  320 

Fine,  commitment  in  default  of  payment,  §633 323 

Governor  may  re-assign  or  select  other  justices,  §635 323 

Hawkers  and  peddlers  selling  without  license,  §632 318 

Imprisonment,  when  in  jail  only,  §632D 320 

Imprisonment,  when  in  jail  or  House  of  Correction . .  §632D  320 
Jury  trial,  accused  to  be  committed  or  held  for  court  on 

bail,    §632 318 

Leave  of  absence  with  pay,  Police  Commissioners  to  desig- 
nate substitute,  §638 324 

Offenses  not  to  be  tried  by,  §632 318 

Police  captain,  etc.,  may  release  prisoner  on  bail  in  double 

amount  endorsed  on  warrant,  §632F 321 

Prisoners   in  jail   and   House   of  Correction,   how   appeal 

taken,  §632B   320 

Substitutes  in  case  of  absence  or  sickness.  §637 324 

Substitutes,   when  pay  shall  be  deducted   fiom   salary  of 

regular  justice,  §637 324 

Witnesses  for  prosecution,  names  to  I»e  endorsed  on  com- 
mitment or  recognizance,   §634 323 

Witnesses,  may  summon  and  fine  for  non-attendance,  §632G  322 

Writs,  etc.,  issued  by,  I>y   whom  sei'vcd,   §()40 325 


634  INDEX. 

Justices  of  the  Peace.— Continued.  page 

Writs  in  all  cases  returnable  before  station-house  justices 

§641    325 

Summons  and  execution,  to  issue  only  on  application  in  writ- 
ing, §026 315 

Supersedeas  of  judgment  obtained  in  Court  of  Common  Pleas. 

etc.,  not  to  take,  §647 327 

Tenant,  dispossession  of,  §654 32() 

Vagrants,  commitments  of,  §141 132 

Vagrants,  costs  of  commitment,  §141 132 

Writs,    warrants    and    summons    returnable    before    I'residing 

Judge  of  People's  Court,  §627 315 

Juvenile  Causes. 

See  "Justices  of  the  Peace." 

Juvenile  Coubt. 

See  "Justices  of  the  Peace." 
Juvenile  Institutions. 

Commitment  of  minors  to,   §623A 312 

Power  and  authority  of  certain,  §886 539 

Labor. 

See  "Hours  of  Labor  and  Wages." 

Laboratories,  Chemical. 

Erection  prohibited  unless  authorized  by  ordinance,  §493 266 

Lake  Clifton. 

Construction  and  completion,  §6 51 

Land  Records. 

Copies,  when  certified,  to  be  evidence,  §365 239 

Index,  new  plan  to  be  approved  by  Supreme  Bench,  §803 437 

Index,  new  plan  to  be  prepared  by  Clerk  of  Superior  Court. 

§§802,   803 437 

Record  books  to  be  kept,  §366 239 

Worn  out  records,  renewal,  cost,  how  paid,  §§804,  805 437 

Worn  out  records,  Superior  Court  Clerk  directed  to  have  cer- 
tain ones  recopied,  §§364,  364a.  364b,  365.  366 238,  239 

Landlord  and  Tenant. 

See  "Justices  of  the  Peace." 

Attachment  suit,  cannot  petition  in  when  right  of  distress  does 

not  exist,  §844,  note 529 

Appeals,  judgment  not  reversible  for  errors  of  form,  §862 532 

Appeals  to  Baltimore  City  Court.  §860 532 

Appeals  to  be  tried  at  first  term,  §863 532 

Baltimore  City  Court,  cases  removable  to  only  on  appeal,  §861.  532 

Damages  to  tenant  when  judgment  is  against  landlord,  §858. . .  531 

Dispossession  of  tenant,  proceedings  for,  §§853-864 530-533 

Distraint,  warrant  for  to  be  directed  to  and  served  by  sheriff 

or  constable  only.  §656^ 331 


INDEX. 


635 


Landlord  and  Tenant. — Continued.  p.\ge 

Interrogatories,  copies  served  same  as  notices  to  quit,  §856 531 

Justice  of  the  Peace,  power  to  render  judgments,  subject  to 

appeal,  §852 530 

Landlord  may  claim  rent  where  goods  are  sold  under  order  of 

court,    §844,   note 529 

Notice  to  terminate  tenancy,  agreement  as  to,  effect,  §851 530 

Tenant  Holding  Over. 

Adjournment  of  trial,  §053 329 

Appeal,  bond,    §G55 330 

Complaint  of  landlord  before  Justice,  §052 328 

Costs,  §656 330 

Dispossession,   §654 329 

Distress,  when  denied,  §650 328 

Execution,    §655 330 

Fees  and  charges  of  Justice,  §650 330 

Judgment  for  lessor,  proviso,  §653 329 

Summons  to  tenant  in  arrear,  §652 328 

Surrender,   order  to  tenant,    §653 329 

Warrant  of  re-entry,  §654 329 

Notice  to  Terminate  Tenancy. 

Lands  and  tenements,  gives  landlord  right  to  possession  of, 

§850    530 

Need  not  state  time  of  leaving,  §849 530 

Rights  of  lessor  and  lessee  extend  to  heirs,  etc.,  §864 533 

Summons  in  proceedings  to  dispossess,  §853 530 

Tenant  at  will.  §844,  note 528 

Tenant  to  landlord,  30  days,  §847 529 

Term  from  year  to  year,  §844 528 

Term  less  than  one  year,  §845 529 

To  tenant,  must  be  in  writing,  served  on  tenant,  or  agent. 

or  set  up  on  premises.  §848 529 

Larceny. 

Minors,  purchase  of  certain  articles  from,  prohibited,  §656a ....  331 

Minors,  purchasing  from,  parent  to  accompany  child,  etc.,  §656a.  321 

Minors,  purchasing  from,  penalty  for  false  certifying,  §656b. . . .  331 

Petty  larceny,  penalty  for,  §331 230 

Provision  of  sees.  656a  and  656b  not  to  effect  provisions  of  gen- 
eral law,  §656c 331 

Law  Courts  of  P.^vltimore  Citv. 

See  "Courts — Law  Courts  of  Baltimore  City." 

Law  Department. 

See  "City  Solicitor." 

Leases. 

See  "Deeds,  Leases  and   Transfers." 

Leather,  Iron  and  Tobacco. 

Sales  by  manufacturers,  §278 205 


630  INDEX. 

Leave  of  Absence.  '  page 

See  "Police  Commissioners." 

Legislative  Department. 
See  "City  Council." 

Legislative  Distkicts. 

Boundaries,  First,  Second  and  Third  Districts,  §G57A IV.'A 

Couucilmanic  districts,  rearrangement  of,  §6.57B a;}-} 

Wards. 

Boundaries  to  be  recorded  in  book,  deposit  thereof,  e\i-  ' 

dence,   §tl56e 3:^,2 

Division  of  city  into,  to  be  made  in  30  days,  §65Gg :y.i?, 

Maps  of  wards  and  precincts  to  be  made,  §656i 033 

Precincts,    division    of    city    into,    notice    of    boundaries, 

§656h    3;};> 

Size,  population,  to  be  numbered,   §656d 332 

Wards  laid  out  by  Supervisors  of  Elections  to  be  wards  of 

city,    §656f .332 

Legislative  Reference,  Department  of. 

See  "Department  of  Legislative  Reference." 

Legislature. 

Decisions,  note ISl 

Levy, 

See  "Annual  Levy,"  "Appeal  Tax  Court,"  "Board  of  Estimates," 
"City  Collector,"  "Ordinance  of  Estimates"  and  "Taxes." 

Librarian. 

Appointment,  bond  and  salary,   §196 167 

Assistants,  appointment,  salaries,  duties,  §198 KJQ 

Bids,  once  filed  not  to  be  withdrawn,  §199 170 

Books,  removal  from  library,  receipt,  §196 167 

Duties,    §§196-199 167-170 

Location  of  library,  §196 168 

Office  hours,  §200 170 

Ordinances  and  Resolutions,  collect  and  arrange,  §196 16.S 

Records  of  city,  to  be  custodian  of,  §196 168 

Records,  to  arrange,  classify  and  index,  §196 167 

Requisitions,  account  to  be  kept  of,  §199 170 

Stationery  and  supplies,  contract  for,  account  to  City  Council. 

§197    ' 168 

Stationery  required,  departments  to  furnish  schedule,  §197 168 

Libraries. 

Maintenance  and  equipment  of,  §6 22 

License  and  Market  Detective. 
See  "Comptroller." 

License  Fees. 

See  "Licenses." 


IXDEX.  63 


Licenses.  page 

Alphabetical  list  of  licensees,  fees  of  sheriff,  §701 371 

Alphabetical  list  of  licensees,  sheriff  to  prepare,  §701 o70 

Billiard  tables,  city's  power  to  impose  further  license,  §660.  . .  .  336 

Billiard  tables,  penalty  for  not  having  license,  §659 335 

Billiard  tables,  State  license,  §658 335 

Businesses,  trades,  avocations  or  professions,  power  to  license. 

regulate  and  tax,  §0 21 

Carriages,    §6 7 

Carts,  carters,  §6 7 

Decisions,  note 181 

Drays,   draymen.    §0 7 

Due  and  collectible,  when,  §59 1)1 

Fruits,  meats,  vegetables,  etc.,  sale  of,  §0 lo 

Gangers  of  casks  and  liquors,  fee  and  oath,  §.")44 285 

General  powers.  §6 21 

Hacks,  hackmeu,   §6 21 

Horse  dealers,  auctioneers  not  required  to  have  license,  §662..  338 
Horse    dealers,    breeders,    etc.,    not    required    to   have   license, 

§662    338 

Horse  dealers,  definition  of,  §663 338 

Horse  dealers,  license  fees,  §661 337 

Horse  dealers,  penalty  for  not  having  license.  §6C2 338 

Horse  dealers,  sales  in  streets  prohibited,  §661 337 

Infants,  homes  for  care  of,  §493h 268 

Installation  of  Electrical  Apparatus  and  Wiring. 
Board  of  Examiners  and  Supervisors. 

Appointment,  qualifications,  §663a 339 

Compensation  not  to  be  paid  out  of  State  Treasury,  §663c  340 

Examinations,  rules  for,  §663d 340 

Fees  to  be  used  by,  to  defray  expenses.  §663o 344 

Meetings,  notice  of.  §663d 340 

President,  secretary,  treasurer,  rules,  §663b 339 

To  report  to  Governor  annually,  §663p 344 

Wires,  apparatus  and  appliances,  power  to  adopt  rules  as 

to  placing,  etc.,  §663d 340 

Master  Electrician. 

Definition.  §663e 340 

Examination,   license,  appeal,   §663f 341 

License  fee,  bond,  §663f 342 

License  or  renewal  not  in  force  if  no  bond  on  file,  §663j.  .  343 

License  or  renewal  not  transferable,  §663n   344 

License  renewable  without  examination,  renewal  fee,  §663h  342 
License  to  be  conspicuously  displayed  in  place  of  business. 

§663k  343 

No  work  to  be  done  save  under  supervision  of.  exception, 

§631    343 

Penalty  for  performing  functions  without  license.  §663m  344 


038  INDEX. 

Licenses.— Continued.  page 

Revocation  of  license,   §663i 343 

Term   of  license,  renewals,   §663g 342 

Provisions  of  law,  to  whom  not  applicable,   §663q 344 

Liquor  Licenses. 

Advertised    notice    of   application,    number    of    insertions 

and  papers,   §673 350 

Assignment  or  transfer  of  license,  conditions  of,  §090 3(J0 

Board  of  Liquor  License  Commissioners,  appointment,  term 

of  otHce,   §66S 348 

Board  of  Liquor  License  Commissioners,  power  to  summon 

witnesses,    administer    oath    and    compel    attendance, 

§<JS7    357 

Clerks  and  counsel,  board  to  appoint,  §669 349 

Club  license,  what  petition  shall  contain,  §676A 352 

Days  aijd  hours  during  which  liquor  may  not  be  sold,  §682 .  355 

Displayed,  to  be  conspicuously,  §680 355 

Distillers  and  brewers'  not  required  to  have  license,  §688.  .  358 
Druggists  and  apothecaries,  conditions  on  which  they  may 

sell  liquor,  penalty  for  violation,  §683 356 

Druggists  and  apothecaries,  not  required  to  have  license, 

§683 356 

Entertainments,  license  fee,  to  be  paid  to  Police  Board  for 

special  fund,  §691 363 

Entertainments,  licenses  for,  to  be  Issued  by  Police  Board, 

§682    356 

Fees. 

For   wholesale  druggists'   licenses,    §688 358 

Club  license,  §678 354 

For  bottler's  licenses.  §688 358 

For  license  for  wholesale  dealers  or  jobbers,  other  than 

wholesale  druggists,  §688 358 

License  not  to  issue  until  paid,  §677 353 

Retail    grocer's    license,    §678 354 

Saloon  or  restaurant  license,   §678 353 

State  Comptroller  to  pay  three-fourths  thereof  to  city,  §679  355 
To  be  paid  over  quarterly  by  Clerk  of  Court  of  Common 

Pleas  to  State  Comptroller,  §679 355 

To  be  paid  to  Clerk  of  Court  of  Common  Pleas,  §678 353 

Within  what  time  to  be  paid,  §678 353 

Hearings  on  applications  to  be  public,  §676 351 

Hotel  license,  applicant  must  also  have  a  hotel  or  ordinary 

license,    §689 360 

Hypothecation  or  pledge  of  license,  re-issue  to  pledge  upon 

default.  §690A 361 

License,  who  are  not  required  to  have,  §667. 348 

Licenses  not  to  be  issued  to  sell  liquor  in  certain  localities, 

§§664,  665,  666,  666a,  666b,  666c,  666d,  666e.  666f 345-348 


INDEX.  039 

Licenses. — Continued.  page 

Licenses,  to  whom  they  may  be  granted,  §671 349 

Liquor  not  to  be  sold  by  the  drink  by  iK>rson^  having  a 

traders's  license,   §6 354 

Localities  in  which  licenses  cannot  be  issued,   §§6G4,  665, 

066,  666a.  666b,  666c,  666d,  666e.  666f 345-34S 

Minors  and  drunkards,  liquor  not  to  be  sold  to,  §681 355 

Penalties  for  violation  of  law,  §685 357 

Penalties  for  violation  of  law,  distribution  of  fees,  §688. . .  359 

Penalty  for  corruptly  issuing  license,  §686 357 

Petition,  application  to  be  by,  §673 350 

Petition,  certificate  of  at  least   10  voters  in  ward  to  be 

attached,   §675 351 

Petition,  what  it  shall  contain,  how  veritled,  penalty  for 

false  statement,   §674 350 

Record  of  applications',  hypothecations,  etc.,  to  be  kept  by 

board,  §669 349 

Records  of  board  to  be  open  to  public,  §669 349 

Retail  grocer's  license,  conditions  of,  §678 .354 

Revocation  for  allowing  minors,  disreputable  or  disorderly 

persons  to  frequent  place,  §685 357 

Revocation  of  license,  §676 351 

Terms  for  which  they  may  be  granted,  §672 349 

Trader's  license,  person  having  not  to  sell  liquors  by  the 

drink,    §678 354 

Salaries  and  expenses  of  board  to  be  paid  by  city,  §669. . . .  349 

Salaries  of  board.  §670 .349 

Salaries  of  clerks  and  counsel  to  be  fixed  by  board.  §670. .  349 

Sales  of  liquor  without  license,  penalty,  §684 356 

Surrender  and  cancellation  of  license,   refund  (»f  portion 

of  fee,  §690B 362 

Merchandise  brokers,  license,  fees,  §694 367 

Moving  Picture  Machine  Operators. 

Board  of  Examiners,  compensation,  §691i .366 

Board  of  Examining  Moving  Picture  Machine  Operators, 

appointment,  term,  oath  and  bond,  §691c 363 

Examination,  licen.se,  term  of  license,  §691e 364 

Examination,  power  to  re-examine,  §691f 365 

Expenses  of  Board  not  to  be  paid  by  State,  surplus  to  be 

turned  over  to  State  Treasurer,  §691i 366 

Fees  for  licenses  and  renewals,  §691e 364 

License  not  assignable  or  transferable,  §691h 365 

Moving  picture  machine  operator,  definition  of,  §691b 363 

Meetings  of  Board,  notice  of  examinations,  *i6!)li 366 

Oath,  penalty  for  fal.se,  §691f 365 

Penalties  for  violation  of  law,  §691d 364 

Penalty  for  employing  unlicensed,    §691g 365 

Revocation  of  license.  §691f .3(i5 


640  INDEX. 

Licenses. — Continued.  page 

Suspension  or  revocation   of  license,   only   after   hearing, 

§69ili   [ 360 

Place  of  business,  to  cover  only  that  named  in  license,  §702.  .371 

Porters,  §0 21 

Private  Detectives. 

Certificate,    every   person    licensed    to    have   and    exhibit 

when  called  upon,  §660c 336 

Fee  for  license,  to  be  paid  into   Special   Fund   of  Police 

Board,  §660b 3.'i6 

License  required,  §660a 336 

Police    Board    to   issue,    after    examination    of    applicant, 

etc.,  §660b .336 

Penalties  for  violations  of  sees.  660a,  660b  and  660c,  §660d.  337 
Pawnbrokers. 

Fee  for  license,  bond,  §693 367 

Penalty  for  conducting  business  without  license  or  filing 

bond,    §693 367 

Penalty  for  refusal  to  exhibit  record  and  property  pledged, 

§692    366 

Record  and  property  pledged  subject  to  inspection  by  agent 

of  city  and  Police  Marshal,  §692 366 

Record  of  deposits  and  amounts  advanced  to  be  kept,  §692.  366 
Real  Estate  Brokers. 

Assignment  of  license,  conditions.  §697 869 

Assignment  to  be  endorsed  on  license,  §698 369 

Attorneys  at  law  need  not  have  license,  §700 369 

Decisions  with  reference  to,  note,  368 

Definition  of,   §696 368 

Fee  for  license,   §695 367 

License  to  apply  to  only  one  place  of  business,  penalty  for . 

violation,   §699 369 

Licensees  may  have  licenses  for  other  kinds  of  brokerage, 

§699    369 

Penalty  for  not  having  license,   §696 368 

Stevedores. 

Fee  for  license  of  master  stevedoi-e.  §700a 370 

Penalty  for  failure  to  obtain  license.  §700a 370 

Wagons,  wagoners,   §6 7 

Watermen,  §6 7 

Licenses  of  Auctioneers. 
See  "Auctioneers." 

Liens. 

See  "Municipal  Liens." 

Repairing,  etc.,  of  buildings.   §6 6 

Light  Street  Bridge. 
See  "Long  Bridge." 


INDEX.  Q^i 

Lighting  and  Cleaning  Streets.  page 

General  powers,  §6 40 

Lighting  Plant. 

See  "Stocks,  Loans  and  Finance." 

Limitations. 

See  "Taxes." 

Bail,  sLx  years,  §27Se 206 

Limits  of  Baltimore  City. 

Acts  establishing  and  extending,  App 545-563 

Liqlor  and  Intoxicating  Drinks. 
See  "Licenses." 

List  of  Bonds  and  Stocks. 

See  "Stocks,  Loans  and  Finance. 

Livery  Stable  Keepers. 

Account  for  livery  to  be  proven  before  a  .Justice,  §29.'> 214 

Custody  of  horse,  etc..  retained  until  charges  paid,  §291 214 

Sale  of  horse  or  vehicle,  notice,  §292 214 

Warrant  of  sale  for  livery  charges,  §293 214 

Loan  Acts. 

List  of,  note 460 

Loans,  Stocks  and  Finance. 

See  "Stocks,  Loans  and  Finance. 

Lodging  Houses  and  Tenements. 

See  "Tenement  and  Lodging  Houses." 

Long  Bridge. 

Maintenance  at  expense  of  city,   §S39 503 

Police  Commissioners,  authority,  duties  and  powers  as  to,  §781.     423 

Lost  Money  or  Property. 

See  "Special  Police  Fund." 

Lunatic  and  Insane  Convicts. 

Visitors  to  Jail  to  have  examined,  §120a 127 

M.\gistrate  for  Juvenile  Causes. 
See  "Justices  of  the  Peace." 

Malicious  Drstructiox  of  Property. 

See  "Destroying  Property  Maliciously." 

Manu.\i.  Labor  School. 

Appropriation  of  $1,500  per  annum  for,  §816 410 

Manufactures. 

See  "Appeal  Tax  Court." 

Manure. 

Cartload  to  contain  forty  feet,  §571 291 

Maps  and  Plats  of  City. 
"Topographical  Survey." 

(21) 


(}42  INDEX. 

Mabinebs,  Interstate.  pagk 

Disposition  of  estates.  §703 371 

Market  Masters. 

See  "Comptroller." 

Markets. 

Butter,  standard  pound,  penalty,  §706 372 

Clerks,  penalty  for  attempting  to  collect  tax  or  fee  from  grower 
or  manufacturer  selling  in  .streets  adjacent  to  markets, 

§708 373 

Condemnation  of  Land  for. 

Agreement  with  owner  of  property  to  be  acquired.  §709.     373 

Compensation  of  sheriff  and  jurors,  §719 375 

General  powers,   §6 8,  22 

Infancy,  lunacy,  etc.,  service  of  notice  in  case  of  §710. . . .     373 
Inquisition,  if  set  aside,  court  shall  direct  another  to  be 

taken,  §716 375 

Inquisition  may   be   confirmed   or   set   aside   by   Superior 

Court,    §715 374 

Inquisition  to  be  in  writing  and  to  clerk  of  Superior  Court, 

§715 374 

Inquisition  to  describe  property  taken,  §717 375 

Jurors  failing  to  appear,  how  vacancy  filled,  §718 375 

Jury  of  condemnation,  how  summoned,  notice  of  meeting, 

§709 373 

Jury  of  condemnation,  striking  of  jurors.  §712 374 

Jury  to  assess  value  of  property  taken,  §714 374 

Non-residents  notice  to  be  given  by  publication,  §711 374 

Oath  of  Jury,  §713 374 

Payment  or  tender  of  payment  of  award  entitles  city  to 

posses'ion  of  property,  §717 375 

Decision,    note 181 

Erection,  regulation  and  maintenance  of,  §6 23 

Justice  of  Peace  to  inquire  into  and  punish  re-sales  of  veget- 
ables, etc.,  §705 372 

Purchase  and  re-sale  of  vegetables,  etc.,  exception.  §704 372 

Purchase  and  re-s'ale  of  vegetables,  etc.,  within  city  or  within 

ten  miles  thereof,   penalty,   §704 372 

Tax  or  fee,  none  to  be  paid  by  grower  or  manufacturer  selling 

in,  §707 373 

Marking  Casks. 

See  "Inspections,  Weights  and  Measures." 

Marshal  of  Police. 

See  "Police  Commissioners." 

Maryland  Historical  Society. 

Art  Commission,  to  appoint  member  of,  §201 171 

Maryland  Institute. 

Art  Commission,  to  appoint  member  of.  §201 171 


INDEX.  643 

Mabyland  Institute  for  Education  of  Deak  and  Duiin.  page 

Appropriation  for,  §397 247 

Governor  to  report  annually  to  General  assembly,  details  of 

report,  §400 248 

Instruction  of  deaf  and  dumb,  §396 247 

Recommendation  for  tuition,  §398 247 

Term  of  instruction,  §399 248 

Tuition  fees,  §396 247 

Maryland  Workshop  for  the  Blind. 

Appropriation  for,  §400a 248 

Matrons  at  Station  Houses. 

See  "Police  Commissioners'"  and  "Special  Police  Fund.  " 

Mayor. 

Absence  or  sickness  of,  President  of  Second   Hran -h  to  be  e.\- 

officio,    §19 60 

Accounts  of  city  officials,  examination  of,  §21 61 

Annual  report  to  City  Council,  §22 61 

Appointment,    power    of,    §25 63 

Assistants,  appointment  of,  §20 60 

Board  of  Awards,  President  of,  §15 58 

Board  of  Estimates  member  of,  §36 71 

Board  of  Review  and  Assessment,  member  of,  §14.". 133 

Checks  to  be  countersigned  by,  §20A 60 

Chief    executive,    §31 66 

City  Council,  power  to  call  extra  sessions;.  §21  (J 177 

City  stock  and  obligations,  to  sign.  §41 81 

City  Surveyor,  vacancy  in  office  to  be  filled  by,  §205 172 

Commissioners  of  Finance,  member  of  Board.  §41 80 

Comptroller's  appointees,  approval  of,  §34 69 

Conservator  of  the  peace,  §21 61 

Contracts  and  bonds,  approval  of,  §20A 61 

Death  or  resignation.  President  of  Second  Branch  to  be  .Mayor. 

§18 60 

Department  of  Legislative  Reference,  member  of  board,  §i'08A  174 

Duties  and  powers,  §22 61 

Election  and  qualifications,  §16 59 

Heads  of  departments  to  confer  with,  §24 63 

Immigrants,  power  to  compound  or  remit  fines,  §527 280 

Immigrants,  report  of  by  masters  of  vessels,  §519 279 

Improved  pavements,  permit  to  tear  up,  §86c 104 

Minority  members  of  boards  and  commis'sions,  §30 66 

Oath   of  office,    §25 63 

Obstruction  in  streets,  removal  of,   §189 165 

Ordinance  of  Estimates,   special  meeting  of  City   Council   to 

consider,    §36 73 

Powers,  §21 61 

Pratt  Free  Library,  visitor  to,  §789 426 


(344  INDEX. 

Mayor. — Continued.  page 
President  First  Brancli  City  Council,  when  to  act  as  Mayor, 

§217 ITS 

President    of    Second    Branch    City    Council,    removal    upon 

charges,    §214 177 

Removal  from  oflRce,  power,  §25 63 

Reports  of  heads  of  departments,  §24 63 

Salary  and  term  of  office,  §20 GO 

Street  beds  donated  to  city,  duty  in  relation  to,  §193 166 

Supervision  of  city's  affairs,  §22 61 

Test  book  to  be  kept  by  §25 65 

Topographical  Survey  Commission,  member  of.  §840 503 

Vacancies,  procedure  in  filling,  §25 65 

Mayor  and  City  Couxcil  of  Baltimore. 

Nature  of  the  corporation,   decisions,  note 181 

Public  convenience  and  welfare,  decisions,  note 181 

Mayor's  Message  and  Departmental  Reports. 
See  "Public  Printer." 

McDoxoGH  Educational  Fund  and  Institute. 

Surrender  to  city  of  stock  in  which  fund  is  invested,  issue  of 

new  .stock  therefor,   §816 440 

Medical  Examiner. 

Commissioner  of  Health  to  appoint,  §71 96 

Merchandise  Brokers. 
See  "Licenses." 

Merchants  and  Manufactl'rers  Association  of  Baltimore  City. 
President  on  Board  of  Department  of  Legislative  Reference, 

§208A 174 

Midwives. 

License  of,  for  care  of  infants,  §493h 268 

Penalty  for  caring  for  infants  without  license,  §493k 269 

Militia. 

Militia  exempt  from  jury  duty,  §622 311 

Command   of,   when  called   out  by   Police  Commissioners    or 

sheriff,    §769 411 

Minors. 

See  "Justices  of  the  Peace." 

Custodians  to  prevent  begging  by,  §882 537 

Newspapers,  permitted  to  sell,  §883 537 

Penalty  for  pretending  to  be  parent  or  guardian,  §884 538 

Saloons  and   dance  halls,   not  allowed   in   without  parent  or 

guardian,    §881 537 

Monuments  and  Memori.\ls. 

Art  Commission  to  approve,  §202 171 


INDEX.  645 

PAGE 

Moore  James  M. 

Pension,  retired  policeman,  §780 422 

Mortgages. 

Affidavits,  etc.,  may  be  made  before  notary  public,  §732 A 382 

Affidavit  or  acknowledgment  may  be  made  before  a  notary  pub- 
lic. §732A 382 

Allegations  against  sale,  §724 377 

Application,  decree  and  copy  of  mortgage,  recording  of,  §726. .  .  378 

Decisions,  note 379,  380 

Decree  of  sale,  assent  to  terms  of  decree,  bond  of  trustee,  §720.  375 

Decrees,  assignments  how  made,    §727 378 

Default  before  decree,  §731 381 

Mortgage  claim,  satisfaction  of,   §728 378 

Report  of  sales  by  trustees,  §723 377 

Sale,    if    proceeds    insufficient    decree    in    personam    may    be 

entered  against  mortgagor,  §731a 381 

Sale,  procedure  by  trustee,  §721 376 

Sale,  publication  of  notice,  §730 379 

Sales  and  conveyances,  effect  of.  §722 377 

Sales,  power  of  court  to  set  aside,  §725 377 

Trustee,  power  of  court  to  appoint  new  trustee,  §729 378 

Motions  ix  Arrest  of  Judgment. 
See  "Courts." 

MorxT  Vernon  Place.  * 

See  "Parks  and  Squares." 

Moving  Picture  Machine  Operators. 
See  "Licenses." 

Municipal  Art  Society. 

President  of,  on  board  of  Department  of  Legislative  Reference, 

§208A 174 

Municipal  Contracts. 
See  "Contracts." 

Municipal  Elections. 

Supplementary  registration  for,  §17 16 

Municipal  Ferry. 

Establishment,  ownership  and  operation  of.  §6 23 

MuNicip.^x  Holidays. 
See  "Holidays." 

MuNTCip.\x  Liens. 

Bureau  of,  city  may  establish,  §732A 382 

Municipal  Lightinq  Plant. 

See  "Stocks,  Loans  and  Finance." 


(346  INDEX. 

Municipal  Officials.  page 

Bonds,  §31 •    66 

OfBce  to  hold  one  only,  must  be  registered  voters,  §26 65 

Rules  and  regulations,  record  of  official  acts,  §31 67 

Subordinates,  appointment  of,   §28 65 

Tenure  of  office,   §27 65 

Term  of  office,  §25 64 

N 
Name. 

Corporate  name,    §1 1 

Natural  Gas. 

See  "Gas  Companies." 

Naturalization  Cases. 

Rules    governing    same,    §321A 227 

Sittings  of  court  to  hear,  §321 227 

Naval  Stores. 

Regulation    of  storage.    §6 12 

New  Sewerage. 
See  "Sewers." 

New  Sewerage  System. 

Appeals  from  action  of  commission,  §824n 459 

House  connections,  to  be  located  in  rear,  §824n 458 

Lateral  sewers,  proceedings  as  to  location  of,  §824n 459 

Loan  Act  of  1904. 

Acquisition  of  property,  power  of,  §824c 447 

Appropriations,  how  made,  §824f 450 

Chairman  and  Secretary  pro  tempore  may  be  appointed, 

§824f 45a 

Chairman  of  Commission,  selection  and  salary,   §824a...  445 

Commission,  appointment,  qualifications,  salaries,  §824a...  444 
Commissioner  of  Health,  duties  when  notified  that  portions 

of    s^'stem    are    complete.    S824g 451 

Completion  of  work,  system  to  be  surrendered  to  proper 

city    officials,    §824h 452 

Contracts,  to  be  subject  to  provisions  of  sees.  14  and  15 

of  Charter,    §824e 449 

Duties  and  powers  of  Commission.  §824e 445 

Duties  and  powers  of  other  city  officials  subject  to  provis- 
ions of  this  act  during  course  of  work,  §824h 452 

Interest  and  sinking  fund  provided  for,  §824f 450 

Labor,  wages  and  residence  of  workmen,  provisions  as  to, 

§824e 449 

Loan  of  $10,000,000  authorized,   §824f 450 

House  connections,  to  be  made  by  property  owners  at  their 

expense,    §824g 451 

Mayor  to  be  ex-officio  member  of  Commission,  §824a 445 


INDEX.  647 

New  Sewerage  System. — Continued.  page 

Residence  of  employees  of  contractors,  §824e 449 

Records,  etc.,  to  be  delivered  to  City  Librarian  upon  comple- 
tion of  work,  §824h 452 

Sessions  and  records  of  commission  to  be  public,  <5824a. .     445 
Secretary  of  Commission,  appointment,  salary  and  duties, 

§S24a 445 

Tracks,  etc.,  in  streets  to  be  shifted  and  accommodated  to 

work,  penalty,  §824d 448 

Vacancies   in   Commission,   how    filled.    §S24a 444 

Loan  Act  of  1910. 

Additional  loan  of  $10,000,000  authorized,  !?824i 452 

Appropriations,    how    made,    §824i 453 

House  connections,   to   be   made  in   rear   whenever   prac- 
ticable.   §824j 454 

Interest  and  sinking  fund  provided  for,  §824i 453 

Lateral  sewers,  proceedings  with  reference  to  location  of, 

§824j 455 

New  Sewerage  Sy.stem  Fund  No.  2.  proceed?  of  loan  to  be 

known  as,  §8241 453 

Private  sewers,  terms  upon  which  they  may  be  incorporated 

in   system,    §824j 454 

Private  sewers,  by  agreement  may  be  constructed  and  in- 
corporated in  system,  §824j 454 

Private  sewers,  appeal  from  action  of  commission,  §824]'.  .  .     454 
Loan  Act  of  1914. 

Additional   loan   of   $3,000,000   authorized,    §S24m 456 

Appropriations,   how  made,    §824m 457 

Interest  and   sinking  fund  provided   for,   §824m 457 

Loan  may  be  issued  in  series  falling  due  at  stated  periods, 

§824m 45S 

New  Sewerage  System  Loan  No.  3,  proceeds  of  loan  to  be 

known  as,  §824m 457 

Series,  loan  may  be  issued  in,  §824m 458 

Loan,  temporary  authorized  for  house  connections,  §824K. . . .     455 
Ordinance  No.  58  of  1911  relating  to  hous'e  connections  ratified 

and  confirmed,   §8241 456 

Private  sewers,  may  be  incorporated  in  system,   §S24m 458 

Temporary  loan  for  house  connections,  procedure  for  securing, 

§824k 455 

New  Station  Houses  in  Annex. 

Acquisition  of  land  and  erection  of,  §786-788 425-426 

New  Trials. 

Motions  for,  §300 217 

Night  Watchmen. 

Appointment  and    duties,    §375-377 242 

Parks,  police  power  of,  §08 109 

Payment  of  salaries,   §378 242 


648  INDEX. 

Nominations  to  Office.  p^ge 

Second  Branch  to  confirm,  §25 63 

North  Avenue. 

See  "Streets,  Bridges  and  Highways." 

Notaries. 

Women  as,  §733Aa,  734 383 

Notaries  Public. 

Appointment,    §733 382 

Appointment  of  additional,  §733 A 382 

Mortgages,  may  take  affidavit,  etc.,  §732A 382 

Qualifications  of  appointees,  §734 383 

Notice  to  Quit. 

See  Justices  of  the  Peace"  and  "Landlord  and  Tenant." 

Landlord  and  tenant's  agreement  as  to,  §851 530 

Nuisances,  Streets. 

Advertisement  of  notice  to  non-resident  owners,   §489 265 

Assessment  and  collection  of  cost,  §486 264 

Defenses  of  owners,  §487 264 

Grade  changes,  §492 266 

Lien  of  costs  and  expenses,  §488 265 

Non-resident  owners,  action  against  city  for  recovery  of  costs 

assessed,  §490 265 

Paving,  when  to  be  done,   §486 264 

Nuisances. 

Vacant  lots,  §491 265 

Numbering  Houses. 

Power  to  regulate,  §6 39 

Objectionable  Surroundings. 

Protection  of  public  property  from,  §6 9 

Obstructions. 

Drains,  penalty  for,  §817 '. 441 

Encroachments  and  obstructions  in  streets,  §6 38 

Obstructions  in  streets  decisions  as  to,  note 38 

Opening,  etc.,  streets,  removal  of,  §189 165 

Oils  and  Fluid  Illuminants. 
See  "Fire  Regulations." 

Opening,  Closing,  etc.,  Streets. 

Appeals  from  assessments,  §6 32 

Assessments  of  damages  and  benefits,  §6 32 

Assessments,  time  limit  for  payment  of,  §182 163 

Damages  and  benefits  assessed  to  same  person,  §174 152 

Damages,    assignment    of,    §174 152 

Gifts'  of  property   for   streets,    §193 166 

Gifts  of   property   for   streets,   same   to   become    public   high- 
ways,   §194 166 


INDEX.  049 

OPKM.Nci,  Closing,  ktc,  Strkets. — Continued.  page 

Ground  rents,  ondemnation  of,  §188 165 

Interest  acquired.   §6 33 

Jury  trials,   §6 32 

Leasehold  interests,  condemnation  of,  S188 165 

Legal  disabilities  of  property  owners,  damages,  how  paid,  §6. . .  33 

New    Boundary    Avenue,    §838b 502 

North  Avenue,   §838 501 

Ordinance,  to  be  passed  authorizing,  §175 152 

Ordinance,  void,  effect  of,  §180 162 

Petitions  for  and  against  must  give  location  and  frontage  of 

property.    §195 166 

Portion  of  lot  taken.  §176 156 

Powers  of  city,  relating  to,  §6 32 

Procedure  of  commissioners,  §175 152 

Opemng,  etc.,  Sewers. 
See  "Sewers." 

Ordixa-xce  41,  May  9,  1889. 

Charter  not  to  affect,  §6 41 

Ordinance  of  Estimates. 

See  "Board  of  Estimates." 

Ordinances  and  Resolutions. 

See  "City  Council"  and  "Mayor." 

Amendment,  re-enactment,  etc.,  not  to  be  by  mere  reference  to 

title,  §221 ^^'^ 

Appropriations,  approval  of  particular  items  by  Mayor,  §23 62 

Approval  by  Mayor,  §23 62 

City  Council,  power  to  pass,  §218 17b 

Decisions,  note ^^^ 

Mayor  to  enforce,  §22 61 

Mayor's  approval,  when  to  become  operative  without.  §23 62 

Not  to  conflict  with  powers  of  Police  Commissioners,  §6 25 

Ordaining  phrase,  §220 184 

Printed  volumes,  may  be  read  in  evidence  from,  §219 184 

Readings  in  each  Branch,  proviso,  §220 185 

Subject  to  be  described  in  title,  §221 185 

Third  reading,  to  be  engrossed  before,  §221 185 

Veto  by  Mayor,  §23 62 

Note  necessary  to  pass,  §221 185 

Vote  necessary  to  pass  over  Mayor's  veto,  §23 6 


9 


Orphans'  Court. 

Bailiff,    per    diem,    §353 234 

Blind,    recommendation    for    instruction,    §397 247 

Funeral  expenses,  preferred  claim  after  taxes,  §353A 234 

Judges,   per   diem,    §352 234 

Sessions   of   court,    §352 234 


650 


INDEX. 


Orphans'  Coubt. — Continued.  page 

Stenographer,  appointment,  duties  and  couipeus.ition,  5oSl.  .  .  .  243 
Vagrant  and  disorderly  minors,  concurri'ut  jurisdiction  over 

with  Criminal  Court  and  justices  of  the  peace.  §877 536 

OuT-FAiL  Sewer. 

Act  authorizing  Baltimore  County  to  use App.  571-574 

Oysters. 

Fees  for  measuring,  buyer  and  seller  to  pay,  §735 383 

Licensed  measurer,  oath,  §735 383 

Penalty  for  sales  without  measuring,  §735 383 

P 

Park  Commissioners,  Board  of. 

Appointment,  president,  §90 106 

Athletic  fields  and  play  grounds,  may  establish  and   regulate 

use  of  hy  school  children,  §93A 107 

Automobiles  in  parks  and  squares,  §93 107 

CoUington  Square,  jurisdiction  over  si,de  walks  around.  §981).  .  109 

Conservators  of  the  peace.   §94 108 

Fines,  may  impose,  §92 107 

Harlem  Square,  jurisdiction  over  side  walks  around,  §98a.  .  .  109 

Jurisdiction  and  powers.  §91-98b 106-109 

Night  watchmen,  authority   of,    §98 109 

Park   fund,   control   of,   §97 108 

Parks,  general  powers  of  city,  §6 23 

Police  in  parlvs,  control  of,  §95 108 

Rules  governing  parks,  may  make,  §92 107 

Secretary,  salary  and  duties.   §90 106 

Speed  of  vehicles  in  parks,  §93 107 

Term  of  office,  §90 106 

Zoological  collection,  free  entrance  to.  §738 384 

Zoological    collections   in   parks,    §96 108 

Park  Loans. 

See  "Stocks,  Loans  and  Finance." 

Park  Tax. 

Accounts  and  books  of  railway  companies,  examination  of,  §798  430 

Car  fare  registers,  examination  of,  §798 430 

Certification  of,  penalty  for  fraud,  §800 430 

Collection,   penalties,    §798 430 

Default  in  payment,  §799 : 430 

Gross  receipts,  tax  payable  quarterly,   §797 429 

Obstruction  of  examination  of  accounts,  §798 430 

Street  railways  in  Annex  graduated  tax,   §800a 431 

Parks  and  Squares. 

Bonds  for  purchase  of  land,  issue  authorized,  §730 384 

Condemnation  of  property  for,  §6 8 

f iPHPral    powers.    §6 23 


INDEX.  651 

Parks  and  Squares. — Continued.  page 

Loan  of  $5,000,000  to  Improve,   §824 443 

Mt.  Vernon  Place,  height  of  buildings  limited,   §739a 385 

Ordinance  of  June  21,  1860,  confirmed,  §6 23 

Public   conveyances    in,    §93 107 

Park  Improvement  Loan  of  1904. 

Acquisition   of   land    authorized,    J>739c 385 

Interest  and  sinking  fund  provided  for,  §739e 386 

Issue  of  $1,000,000  authorized,    §739b 385 

Land  in  Baltimore,  Anne  Arundel  and  Howard  Counties  as 

well  as  city  may  be  acquired,  §739c 386 

Loan,  to  be  expended  in  four  sections  of  city  and  suburbs. 

§739f 387 

Restrictions,  Board  relieved  from  certain,  §739d 386 

Resolution  of  June  4,  1860,  §6 23 

Rules  and  regulations  for,  power  to  make,  §6 24 

Speed  of  vehicles,  power  to  regulate,  §93 107 

Washington  Monument,  height  of  buildings  in  vicinity  of  re- 
stricted,   §739a 385 

Zoological  collection,  may  issue  stock  for,  §737 384 

Passenger  Railways. 

See  "Railroads  and  Railways." 

Passenger  Train  Stops. 

See  "Railroads  and  Railways." 

Patapsco  Rn'ER  and  Tributaries. 

Negligence  not  attributable  to  city  with  reference  thereto,  ex- 
cept as  to  docks  and  wharves  owned  by  it.  S6 14 

Pollution  or  obstruction  of,  penalty,  §6 13 

Preservation  of  navigation  of,  §6 13 

Surveys  and  charts  of,  §6 13 

Patrol  Wagons. 

See  "Police  Commissioners." 

Pavements. 

See  "Footways"  and  "Streets,  Bridges  and  Highways." 

Paving  Commission. 

See  "Streets,  Bridges  and  Highways." 

Member  of  Department  of  Public  Improvements,  §84 101 

Paving,  Grading,  etc.,  Streets. 

See  "Grading,  Paving,  etc..  Streets,"  and  "Streets,  Bridges  and 
Highways." 
Paving  in  Railway  Area. 

See  "Railroads  and  Railways." 

Paving  Tax. 

See  "Special  Paving  Tax." 

Pawnbrokers. 

See  "Licenses"  sub-title  "Pawnbrokers." 


652 


INDEX. 


Peabody  Institute.  page 

Art  Commission,  to  name  member  of,  §201 171 

Surrender  of  $500,000  6%  city  stoclt  in  exchange  for  new  stock, 

§816 440 

Peddlers. 

Licenses,  §6 21 

.    Permits  to  peddle  without  license,  Mayor  may  grant,  §6 26 

Pexsions. 

See  SchoolP,"  "Special  Police  Fund"  and  "Fire  Department." 

Perch. 

See  "Fish." 

Permits. 

See  "Buildings,"  and  "Peddlers." 

Personal  Property. 

Account  of,   §158 141 

Assessment  of,  §158 141 

Owner  moving  into  city  to  give  account  of.  §158 141 

Penalty  for  failure  to  give  account  of,  §159 141 

Taxes  on,  when  in  arrear,  §40 80 

PEP.S0XATIXG  POLICEMEX,  SHERIFF,  ETC. 

Penalty   for.    §785 425 

Pest  Hovses. 

Erection  and   regulation,    §6 17 

Petit  Jury. 

See  "Jurors'." 

Physicians  to  Police  Force. 

See  "Police  Commissioners." 

Picketpockets. 

See  "Thieves  and  Pickpockets." 

Pier  or  Bulkhead  Lixes. 

See  ''Harbor,  Docks  and  Wharves." 

Piers. 

See  "Harbor,  Docks  and  Wharves." 

Plan,  City. 

See  "Commission  on  City  Plan." 

Plat  of  City. 

To   be   evidence,    §842 527 

Plats  axd  Maps. 

See  "Topographical  Survey." 

Pleas. 

Declaration,  filing  of  pleas  to,  §309 220 

Time  of  filing,  when  extended,  §312 221 

To  be  sworn  to,  §312 220 

When  to  be  filed,   §308 219 


il 


INDEX.  653 

Plumbing.  page 
State  Board  of  Commissioners  of  Practical  Plumbing. 

Appointment  and  qualifications,  §511 271 

Certificate  of  competency,  all  plumbers  must  have,  §509..  270 

Examination,  registration,  §511 271 

Fee  for  certificate  and  renewal,   §512 272 

Fees,   disposition   of,    §513 272 

Penalty  for  employing  men  without  a  certificate,  §509.  . . .  271 
Penalty  for  working  at  plumbing  business  without  certifi- 
cate, §510 271 

Rules  and  regulations,  report,  §515 273 

Term  of  office,  oath,  compensation,  §514 272 

PoL?;s,  Wires,  Signs,  Tkees,  etc. 

Use  of  streets  by,  §6 39 

Police. 

Appropriation  for  disabled  and  superannuated  policemen,  §6.  25 

Appropriations  for  widows  and  children  of  policemen,  §6....  25 

Detail  of  men  at   request  of  Park  Board,   §95 108 

Exit  and  egress  from  buildings,  nightly  examination  by  police, 

§280 210 

Ferries,  to  pass  free  when  on  duty,  §437 254 

General  power  of  City,  §6 25 

House  of  Good  Shepherd,  Marshal  to  visit  and  inspect,  §518.  278 
Warrants,  writs,  etc.,   to  be  served  by  policemen  and   detec- 
tives,   §G40 325 

Police  Commissioners. 

Absence   from   duty   of   policemen,    §763 409 

Accounts,  to  be  open  to  inspection  of  Mayor  and  City  Register, 

§751 403 

Allowance  when  policemen  not  qualifitKl  for  retirement,  §756A  406 
Arrests,  persons  arrested  in  day-time  to  be  taken  before  nearest 

police  justice,  §760 408 

Appointment  and  qualifications,  §740 387 

Appointments  of  police  how  made,  §745F 397 

Assistant  secretary,  appointment  and  salary,  §743 389 

Bar  rooms,  bars,  etc.,  may  close  same  temporarily,  §753 404 

Bond,  by  whom  approved,  where  recorded,  §740 387 

Bond,  may  require  policemen,  etc.,  to  give,  §749 ' 402 

Bond   of  Treasurer   of  Board,    §752 403 

Certificates  of  indebtedness,  power  to  issue,  limitations.  §747  400 

Charwomen,  appointment,  duties  and  pay,  §768A 410 

City  not  relieved  of  responsibility  or  given  control  over  police 

force  by  these  provisions,   §759 407 

Coal  law.  enforcement  of,  §539A 284 

Concealed    weapons,    etc.,    penalty,    §762 408 

Costs  collected  by  station  house  justices,  application  of,  §64G.  327 

Dances,  etc.,  license  fees,  to  belong  to  special  fund,  §776Ca.  .  418 

Dances,  etc.,  penalty  for  holding  same  without  license,  §776Ca  418 


054  INDEX.  I 

Police  Commissioners.— Continued.  pagb 

Dances,  soirees,  mask  balls,  boxing  or  athletic  contests,  etc., 

license  required  for.  §7T6Ca 417 

Detectives,  how  appointed.  §745G 397 

Detectives,  transfer  to  uniformed   force,   §745G 398 

Duties  and  powers,  §744 389 

Estimate  of  expenses  to  be  certified  to  city  annually,  §747. . .  .  391> 
Examiners,   Police,    See  "Police   Examiners." 

Expenses,  duty  of  city  to  levy  tax  for,   S747 399 

Extra  pay  may  be  allowed  to  policemen,  etc.,  for  good  conduct, 

§750 402 

Females  and  minors,  to  be  taken  to  station  house  where  there 

is  a  matron,  §760 408 

Gratuities,  fines  and  unclaimed  property  to  go  to  special  fund, 

§750 402 

Gratuities  or  extra  compensation,  no  officer  of  police,  etc.,  to 

receive,  §750 402 

Gratuities,  penalty  for  receiving  without  Board's  consent,  §750  402 

House  of  Good  shepherd,  President  to  visit  and  inspect,  §518. .  278 

Ineligible  to  elective  or  appointive  office  during  term.  §740..  387 

Leave   of   absence   with    pay.    §763 409 

Long  Bridge,  jurisdiction  over,  §78 4 

Marshal  of  Police  and  captains;    not  to  release  persons  com- 
mitted   for   felony,    §757 407 

Matrons. 

Appointment,  duties  and  salaries,  §745H 398 

Duties,  §767 410 

Not  required  to  pass  examination,   §745J 398 

Number  to  be  appointed,  §7451 398 

Number  to  be  appointed,  §765 409 

Qualifications,  §766 409 

Salaries,  §768 410 

Substitutes,   §766 410 

Superintendent  of,  §765 409 

Mechanical  work  or  labor,  members  of  force  not  required  to  do, 

§759a  408 

Militia,  command  of  when  called  out  by  Police  Board  or  sheriff, 

§769 411 

Militia,  penalty  for  refusal  to  obey  orders.  §748 401 

Militia,  power  to  call  out,  §748 401 

Minute  book  open  to  public,   §741 388 

Oath  of  office,  §740 388 

Ordinances  not  to  conflict  with  powers  of,  §6 25 

Parks,  may  detail  police  for  duty  in,  on  request  of  Park  Board, 

§758 407 

Patrol  wagon,  service,  construction,  equipment  and  mainten- 
ance,   §770 411 

Penalty  for  failure  of  liquor  dealers  to  close  places  of  business 


INDEX. 


655 


Police  Commissioxebs. — Contiued.  page 

temporarily,  §753 404 

Penalty  for  failure  to  turn  over  property,  §755 405 

Pensions. 

Amount,  who  entitled  to,  §777 419 

James  M.  Moore  to  be  pairl,  S780 422 

Matrons  to  have.  §777A 421 

Medical  examinations  before  grant  of,    §776F 418 

Members  of  police  patrol  boat  service,  entitled  to.  S777C  421 

Power  to  .suspend  or  dismiss  retired  policemen,  S75G 406 

Secretary  and  assistant-secretary,  §777B 421 

Retired  policemen  to  be  for  natural  life,  §776E 418 

Widows  and  children  of  policemen  killed  in  discharge  of 

duty,  period  of  allowance,  §776D 418 

When    salary    of   any    grade    or    rank    increased    pension 

to  be  increased  accordingly,   §777-1 420 

Personating   policemen,   penalty    for,    S78n 425 

Physicians  examining  women  and  female  children,  tees,  §773C  413 
Phys'icians  to  attend  at  station  houses,  etc.,  to  examino  women 

and  female  children,  appointment.   §773A 412 

Physicians  to  police  force,  S773 412 

Physicians  to  police  force,  appointment,  §771 411 

Physicians  to  police  force,  duties,  §772 412 

Police  force,  appointment,  number,  rank  and  pay.  §745 391 

Police  Magistrates.  Magistrate  for  Juvenile  Causes  and  State's 
Attorney  to  direct  physician  to  examine  women  and  female 

children,    §773B 413 

Police,  grades,  salaries,  §745i4 393 

Policemen  injured  in  discharge  of  duty,  may  grant  relief  to, 

§749 402 

Policemen  killed  while  discharging  duties,  relief  to  families 

of,    §749 402 

Policemen,  removal  from  force  after  trial,  §7o5F 397 

Policemen,    tenure,    §745F 397 

President  and  treasurer  of  board,  §741 388 

President  to  be  member  of  Department  of  Public  Safety,  §68.  94 

Probationary  officers,  power  to  appoint  fifteen  additional,  §764  409 

Property  of  former  board,  to  have  custody  of,  §7r)4 404 

Property  .seized  or  found  by   policemen  to  be   turned   over  to 

secretary,   §755 405 

Races,  upon  request  of  President  of  Md.  Jockey  Club  to  detail 

men  to  attend,  §774 413 

Record  of  proceedings  and  accounts  to  be  kept,  §751 402 

Records,  open  to  inspection  by  General  Assembly,  §751 403 

Registration  of  voters,  to  detail  men  to  preserve  order,  etc.,  §775  414 

Removal  from  office,   §740 387 

Report  to  be  made  to  Governor  annually,  §751 A 403^ 

Retirement  of  members  of  force,  pension;   to  Ik   j);iid.  §750 405 


656 


INDEX. 


Police  Commissioners. — Contiued.  page 

Rules  and  regulations,  power  to  make,  §749 401 

Seal,  may  have  and  use,  §754 4U4 

Secretary,  appointment,  duties  and  salary,  §742 389 

Secretary  to  Marshal  of  Police,  bond,  salary,   §746 399 

Sheriff,    authority    over,    §748 401 

Sheriff,  may  direct  him  to  summon  posse  comitatus,  §748....  401 
Sheriffs,  constables,  etc.,  penalty  for  refusing  to  obey  orders, 

§748 401 

Special  Fund. 

Board  trustees  of,  treasurer,  §776A 414 

Bond  of  treasurer,  §776A 414 

Deficit  in,  to  be  defrayed  by  city,  §§776C,  777Ba 415-421 

ETxempt    from    execution,    §776B 415 

Expense  of  maintenance  and  operation  of  patrol  boat  to 

be  paid  from,  §778 422 

Fraud  with  reference  to,  penalty,  §776B 415 

Powers  of  Board  with  reference  to,  §776A 414 

Sources  from  which  derived,  §776C 415 

Station  houses,  erection  and  repair,  to  be  paid  out  of  §779  422 

What  shall  constitute.  §776 414 

Station  houses  acquisition  of  land  for  and  erection  of,  §786,  788 

425,  426 

Term  of  office  salaries,  §740 387 

Thieves  and  pickpockets,  police  to  arrest  suspected.   §783....  423 

Treasurer  to  render  statement  of  accounts,  §752 404 

Vacancies  in  force,  how  filled,  §749 401 

Vacancy  cau.sed  by  death,  etc..  how  filled,  S741 388 

Vote  to  be  by  yea  and  nay  and  recorded  in  minute  book,  §741  388 

Witnesses,  power  to  summon  and  fine  for  non-attendance.  §744  390 

Police  Examiners. 

Application  for  examination,  forms  to  be  prepared,  §745E....  396 

Application  for  examination,  information  to  be  given  in,  §745E  396 

Application  for  examination  to  be  under  oath,  §745E 396 

Appointment,    qualifications,    salaries.    §745A 393 

Examinations",    rules    for    conducting,    §745D 394 

Examinations,  who  may  be  refused,  §745E 396 

Graded  lists,  appointments  and  promotions  by   Police  Board 

to   be  made   from.    §745D 395 

Ineligble  to  elective  or  appointive  office.  S745A 393 

Oath  of  office,  §745A 394 

Offices,  stationery,  etc.,  to  be  furnished,  §745C 394 

Secretary,  salary  and  duties,  §745B 394 

Police  Station  Houses. 

See  "Stocks,  Loans  and  Finance." 


INDEX.  657 

Posse  CoiHTAirs.  page 

Sheriff  may  summon,   §748 401 

Possession  of  Prop?:rty,  City  Taking. 

See  "Condemnation,"  and  "Streets,  Bridges  and  Highways." 

Powers. 

See  "General  Powers." 

Practice. 

See  "Courts — Law  Courts  of  Baltimore  City." 

Pratt  Free  Library. 

Gifts,  etc.,  of  property,  may  receive,  §789a 426 

Mayor  to  appoint  visitor  to,  §789 426 

Taxes,  property  exempt  from,   §790 426 

Title  to  property   in   tlie   City,    §789a 426 

Printer. 

See  "Public  Printer." 

Printing  and  Stationery. 

See  "Librarian"  and  "Public  Printer." 

Prison  Fare. 
See  "Jail." 

Private  Detectives. 
See  "Licenses." 

Probation  Officers. 

Appointment,  powers  and  salary,  §8S6A 539 

Duties,   §886B 539 

Minors  may  be  paroled  in  their  custody,  §886C 540 

Minors  who  are  paroled  may  be  punished  by  court  for  violation 

thereof,    §886D 540 

Penalty  for  interfering  with,  or  with  minor  paroled,  §8S6C.  .  .  540 
Probation,  term  may  be  extended  and  conditions  added  thereto, 

§886E 541 

Prohibition  of  Tracks  on  Certain  Streets. 

§801,  801a,  801b,  801c,  801d 435-437 

Promissory  Notes. 

See  "Bills  of  Exchange  and  Promissory  Notes." 
Proposals. 

See  "Contracts." 

Public  Buildings. 

See  "Superintendent  of  Public  Buildings." 

Public  Improvements. 

Art  Commission  to  approve,  §202 171 

Board  of,  duties  and  powers,  §84 100 

Cost  exceeding  $2,000,  to  be  approved  by  Board  of  Public  Im- 
provements, §85 -..r 102 

Public  Printer. 

Election,  duties,  etc.,  §208 .....,.,;.,...,,.......     173 


1 


658 


IXDEX. 


Pumps,  Fou^TAl^R  and  Springs.  pack 

Erection  and   regulation   of,    g6 26 

PUBVEYOB  OF  PROVISIONS. 

See  "Charities,  Supervisors  of  City." 

Quorum. 

Decisions,  note 184 

Races. 

Police  to  be  detailed,  §774 413 

Railroad  Employees. 

Arrest  of  thieves  and  pickpockets  by.  §TS4 424 

Railboads  and  Railways. 

Assessment  proceedings,  jury  trials,  api>eals,  §6 26 

Assessments  for  tax,   §6 ^6 

Coupon  tickets  required,  §792a -427 

Foundation  iinder  and  around  railway  ties.  §6 40 

General  powers  as  to,  §6 26 

Houi-s  of  labor,  forfeiture  of  charter  for  violation  of  law,  §794.  428 

Hours  of  labor  of  street  railway  employees,  §793 428 

Hours  of  labor,  penalty  for  violation  of  law,  §795 429 

Penalty  for  violation  of  provisions  of  sees.  792a-792c §792d  428 

Railway  Area  Paving. 

Amount  each  company  required  to  pay  limited  to  $100,000 

per  annum,  §800c 434 

Area  between  tracks  and  for  two  feet  on  either  side,  cost 

to  be  borne  by  companies,  §800e 433 

Cost  may  be  first  paid  by  city  and  afterwards  collected 

from  the  companies,  §S00c 434 

Cost  to  be  lien  on  property  of  companies,  §SCK)c 434 

Cost,  what  included  in.  §S00c 433 

Materials,  kind  to  be  used,  §S00c 433 

Provisions  of  sec.  SOOc  not  to  relieve  companies  of  any  obli- 
gations, §800d 435 

Safety  gates  at  street  crossings,  §791 427 

Safety  gates,  penalty  for  not  providing.  §792 427 

Stop  at  principal  station  of  passenger  trains.  §792c 428 

Stop-over  privileges.  §792b 42 » 

Street  cars,  fenders  on,  §6 27 

Street  railway  fares,  free  transfers,  §796 429 

Street  railway  fares,  rate  of,  §796 429 

Railway  Easements  in  Annex. 

Terms  of  regrauts  of,  §S00b 4; 

Railway  Tracks  Prohibited. 

See  "Prohibition  of  Tracks  on  Certain  Streets." 

Railways. 

See  "Railroads  and  Railways." 


2 


INDEX. 


659 


Rates,  Fares  and  Chabges.  page 

See  "Franchises"  and  "Railroads  and  Railways." 

Real  Estate  Bbokeks. 
See  "Licenses." 

Receiving  Stolen   Goods. 
See  "Larceny." 

Recognizances. 

See  "Bail"  and  "Auctioneers." 

Records  . 

Certified  copies  of,  as  evidence,  §31 m 

Reformatories. 

See  "Houses  of  Refuge  and  Reformation." 

Register  of  Wills. 

Appraisers,  appointment,  salaries,  §354A 235 

Bond  and  certificate  of  approval  by  State  Comptroller,  to  be 

recorded  in  court  proceedings,  §355 236 

Bond,  effect  of  failure  or  refusal  to  give,  §356 236 

Bond,  penalty  of,  approval  by  Orphans'  Court,  §354 236 

Registration  of  Voters. 

Supplementary  registration  prior  to  each  municipal  election,  §17      GO 

Regulation   of  Footways  and   Sidewalks. 
See  "Footways." 

Removal  from  Office. 

Mayor,  i)Owers  of,  §25 63 

Removed  Cases. 

See  "Courts — Law  Courts  of  Baltimore  City." 

Reports. 

Department  heads  to  report  to  Mayor,  §24 63 

Mayor's  annual  report,  §22 61 

Resolutions. 

See  "Ordinances  and  Resolutions." 

Return  Days. 

See  "Courts — Law  Courts  of  Baltimore  City." 

Review  and  Assessment,  Department  of. 

Appeal  Tax  Court,  first  sub-department  of,  §146 133 

Board  of  Review  and  Assessment  to  be  head,  §145 133 

Commissioners  for  Opening  Streets,  second  sub-department  of, 

§172    151 

Review  of  Assessments. 

See  "Appeal  Tax  Court." 
Rules  of  City  Council. 

See  "City  Council." 

Sabbath. 

Sale  of  ice  on,  prohibited,  §§806,  807 438 


660 


INDEX. 


Safety  Gates.  pagB 

See  "Railroads  and  Railways." 
Safety  Regulations  for  Hotels. 

See  "Buildings." 

St.  Martha's  Episcopal  House. 

Appropriation  from  city  for  conduct  and  management,  §S85a . . .     538 

St.  Mary's  Industrial  School. 

See  "Houses  of  Refuge  and  Reformation." 
St.  Vincent  of  Paul's  Orphan  Asylum  of  Baltimore. 

See  "Houses  of  Refuge  and  Reformation." 

Salaries. 

Board  of  Estimates,  power  to  increase  or  decrease.  §36A 75 

Saloons. 

See  "Licenses." 

Sanitary  Regulations. 
See  "Health." 

Saturday  Half-Holidays. 
See  "Holidays." 

Sawed  and  Split  Wood. 
See  "Wood." 

School  Commissioners,  Board  of. 

Appointment,  qualifications.  §99 109 

Assistant  Superintendents  of  Public  Instruction,  appointment 

of,  §100 110 

Assistant  Superintendents  of  Public  Instructions,  duties,  §101. .  Ill 
Ecclesiastical  and  party  ties  not  to  be  regarded  in  administra- 
tion of  schools,  §99 109 

Examinations  for  appointment  and  promotion  of  teachers,  §101.  Ill 

Officers,  secretaries  and  clerks,  appointment  of,  §99 110 

Principals,  etc..  of  City  College,  etc.,  appointment  of,  §100 110 

Superintendent  of  Public  Instruction,  appointment  and  quali- 
fications, §100 110 

Superintendent  of  Public  Instruction,  duties  of,  §101 Ill 

Superintendent  of  Public  Instruction,   report  to   School   Board. 

§101    112 

Teachers,  appointment  from  graded  list,  confirmation  by  Board, 

§99    110 

Visitors,  appointment  and  duties,   §100 Ill 

Visitors,  meetings  of,  §102 112 

Visitors,  to  report  on  condition  of  schools,  §102 112 

Schools. 

See  "Stocks,  Loans  and  Finance." 

Books,  contracts  for,  §99 110 

Buildings,  plans  and  construction  of,  §99 110 

Buildings,  plumbing,  heating  and  ventilation,  §100 Ill 


INDEX. 


661 


Schools. — Continued.  pagh 

Free  public  school  system,  §6 28 

General  powers  as  to,  §6 LIS 

Intestates'  Estates. 

Charitable  Marine  Society  of  Baltimore,  sees.  80S-S12  not 

to  affect  rights  of,  §813 489 

City  to  obligate  itself  to  apply  fund  to  use  of  schools,  §SH .     439 
Distribution  to  School  Board,  notice  to  be  published  before, 

§809    438 

Estates  unclaimed  to  be  paid  to  School  Board,  §808......     438 

Legal  representatives  entitled  to  have  money  restored  by 

city,    §812 439 

Release  to  be  given  to  executor  or  administrator,  §810 438 

Johns  Hopkins  University,  degrees,  may  confer,  §815 439 

Johns  Hopkins  University,  powers  of,  §814 439 

Officers,  appointment  of,  §§99,  100 109-111 

Peabody  Institute,  reissue  of  city  .stock  to,  §816 440 

Pensions. 

Appointees  to  teaching  force  must  accept  the  provisions  of 

this   Act,    §102F IKi 

Assessments,  City  Register  to  retain  from  monthly  salary 

of  teachers,   §102 117 

Assessments  to  be  paid  by  teachers,  amounts  of,  §102 117 

Attachment,  etc..  Teachers'  Retirement  Fund  and  all  pay- 
ments from  same  to  be  exempt  from,  §102R 121 

Board  of  Estimates  to  make  up  deficiencies  in  Teachers' 

Retirement  Fund,  §102G 117 

By-laws  and  rules,  power  of  trustees  to  adopt,  §102C 114 

Death,     before    receiving    pension,    amount    to    be    paid 

teacher's  estate,  §102P 121 

Deficiencies  in  payment  by  teachers  to  Retirement  Fund. 

how  made  up,  §102J 118 

Dismissal  of  teachers,  not  affected  by  provisions  of  this  Act, 

§102N    120 

Funds,  disposition  of  by  board  of  trustees,  §102M 120 

Gifts,  bequests,  etc.,  power  of  trustees  to  receive,  §102C. . . .     114 
Office  of  secretary  and  treasurer  may  be  held  by  same  per- 
son,  §102D 114 

Payment  of  pensions  to  begin  2  years  after  operation  of 

law   commences,    §102Q 121 

President,   secretary  and   treasurer,   board   of  trustees   to 

elect,  §102D IM 

Qualifications  for  retirement,  §102H 117 

Re-in.statement  after  retirement  of  teacher,  power  of  P.oard 

of  trustees  to  make,  §102J 119 

Re-instatement,  fee  of  examining  physician,  board  of  trus- 
tees to  pay,  §102K 119 


662 


INDEX. 


Schools.— Continued.  page 

Re-instatement,  period   of  retirement   treated   as  part  of 

term  of  active  service,  §102K 119 

Resignation  of  teacher,  amount  to  be  refunded  because  of, 

§102P 120 

Retired  teactiers,  power  of  School  Board  to  require  service 

from.    §102L 119 

Retirement  after  20  years  of  service,  §1021 118 

Retirement  after  40  years  of  service,  §102H 117 

Retirement  of  teachers  by  School  Board  with  approval  of 

Board  of  Trustees,  §102H 117 

Salaries,  may  be  paid  secretary,  etc.,  §102D 115 

Salary,  proportion  of  to  be  paid  as  pension,  §1020 120 

Secretary,  duties,  §102D 115 

Subordinates,  power  of  Board  to  appoint,  §102D 115 

Teacher,  members  of  the  teaching  force  of  Baltimore  City, 

definition  of,  §102S 121 

Teachers'  Retirement  Fund,  property  of,  power  of  Board 

of  Trustees  over,   §102G 116 

Teachers  to  notify  Board  of  Trustees  in   writing  of  ac- 
ceptance of  the  provisions  of  this  Act,  §102E 116 

Title  to  property,  power  of  trustees  to  liold,  transfer,  etc.. 

§102C  114 

Treasurer,  duties  and  bond,  §102r) 115 

Trustees  from  teaching  force,  how  elected,  §102A 113 

Trustees  of  Teachers'  Retirement  Fund,  who  shall  consti- 
tute,   §102A 113 

Trustees,  tenure  of  office,  §102B 114 

Trustees,  term  of  office,  §102A 113 

Vacancies  in  Board  of  Trustees,  how  filled.  §102B 114 

Seal  of  City. 

City  may  use  and  alter  same.   §1 1 

Custody  and  use  of,  fees  fcrr  impressions,  §35 70 

Seats  fok  Female  Employees. 

Manufacturing  and  mercantile  establishments  to  provide,  §505..     269 
Penalty  for  violation  of  law,  §508 269 

Second  Branch  City  Council. 
See  "City  Council." 

Sewerage  Commission. 

Member  of  Department  of  Public  Improvements,  §84 101 

Sewers. 

See  "New  Sewerage  System." 

Benefit  assessments  on  city,  taxes  to  be  levied  or  loan  issued 

to  pay,    §823 443 

Commissioner  of  Health  to  inspect  and  examine,  §6 28 

Commissioners  to  give  notice  before  proceeding  under  ordi- 
nance,   §822 443 


INDEX. 


663 


Sewers.— Continued.  paqb 

Condemnation  of  laud  for.  §(J 29 

Cost  of  repairs,  by  whom  to  be  paid.  §6 28 

General  powers  as  to,   §6 28 

Jones'  Falls,  provisions  relating  to  sewers  not  to  :ii)ply  to.  Sj'iOO.  299 

Loan,  authorized,  §824 443 

Private  sewers  and  drains,  not  to  be  constructed  without  per- 
mit from  City  Engineer,  §S20 442 

Private  sewers,  repair*  of,  §0 28 

Obstruction  of,  penalty,  §817 441 

Ordinance  relating  to  constrnctlon  of,  notice  to  be  given,  §S21. .  443 
Out-Fall  Sewer,  use  by  B.nltlmore  County  authorized.  . .  .Ai)i).  571-574 

Rights  of  way,  proeecdiugs  for  accin!sitit)n.  §M,s 441 

Sewer  benefits,  lien  on  property,  §819 442 

Sheriff. 

See  "Police  Commissioners." 

Bond,  liable  for  payment  of  tines  to  city,  S442 255 

Capias,  endorsements  thereon  and  return  of.  §383 230 

Capias,  fees  for  return  of,  §334 231 

Dispensaries  to  file  report  of  number  of  patients,  §440 254 

Distraint  or  execution  for  fees,  notice  of,  necessary,  §3SG 245 

Fees,    §825 460 

Fees  in  water  condemnation  proceedings,  §6 50 

Fines  and  forfeitures,  disposition  of,  §438 245 

Fines  for  violation  of  gauging  law,  accounting,  §551 287 

Fines,  unclaimed  payable  to  city,  §441 255 

Houses  of  ill-fame,  disposition  of  fines  imposed  on  keepers,  §439.  254 

Grand  Jury,  summoning  members.  §604 300 

Impersonating  sheriff  or  deputies,  penalty,  §785 425 

Jurors,   drawing  names  from  wheel,   §605 303 

Jurors  in  street  condemnation  cases,  summoning,  §179 161 

Jurors,  liability  for  fraud  in  drawing.  §616 309 

Jurors,  summoning,  §608 304 

Jury  books,  deposit  of,   §608 305 

Licenses,  duties  in  regard  to,  §701 370 

Officers  may  execute  for  fees,  §384 244 

Officers  whose  fees  may  be  collected  by  execution,  §385 244 

Returns,  penalty  for  failure  to  make,  §388 245 

Sidewalks. 

See  "Footways." 

Signs. 

Use  of  sidewalks  and  streets  by,  §6 39 

Sinking  Funds. 

See  "City  Register."  "Parks  and  Squares"  aiul  "Stocks.  Loans 
and    Finance." 

Creation  of,  §6 31 

Investment  of,  §6 31 

Investments  to  remain  separate  §6 31 

Sewer  loans  and  liabilitiefi,  creation  of,  §823 H.V 


(3(34  INDEX. 

Sinking  Fund  Bonds.  pagr 

See  "Stocks,  Loan  aud  Finance." 

Smoke. 

Consumption  of,  §6 G 

Speedy  Judgment  Act. 

See  "Courts — Law  Courts  of  Baltimore  City." 

Special  Paving  Tax. 

Appeal  from  action  of  Appeal  Tax  Court,  §841gg 526 

Appeal  Tax  Court,  duty  to  classify  aud  list  property,  §S41gg o2o 

Appeal  Tax  Court  to  certify  its  action  to  City  Collector,  §841gg.  526 

City  Collector  to  account  monthly  to  Comptroller,  §841gg 526 

Class  A  defined,  §S41gg 525 

Class.  B  defined,  §S41gg 525 

Class  C  defined,  §841gg 525 

Classification  of  property,  §841gg 525 

Collected  as  ordinary  taxes  are,  §S41gg 526 

Corner  property  other  than  private  dwellings,  tax  on,  §841ii.  .  527 

Corner  property,  tax  on  private  dwellings,  §841ii 527 

"Improved  Paving,"  definition  of,  §841hh 527 

"Landed  Property,"  definition  of,  §S41hh 527 

Levy  and  term  for  which  taxes  to  be  paid,  §841ff 525 

Notice  to  property  owner  by  Appeal  Tax  Court,  §S41gg 526 

"Paved,"  definition. of,  §841hh 527 

Property  to  be  assessed,  §S41gg 825 

Purpose  for  which  tax  may  be  used,  §S41gg 526 

Rate  of  tax  for  Classes  A,  B  and  C,  §841ii 527 

Spbings. 

See  "Pmnps,  Fountains  and  Springs"  and  "Parks  and  Squares." 

Squares. 

See  "Parks  and  Squares." 

State  Board  of  Boiler  Inspection. 
See  "Steam  Boilers." 

State  Taxes. 

City  loans,  exemptions  from,  §154 138 

Collector   of.    §§52-58A 88-90 

Daily  deposits  by  Collector  of  State  Taxes,  §54 89 

Payment  by  City  Register  on  city  loans,  §§153,  154 137 

State  Tax  Commissioner. 

Appeals  from  decisions  of,  §170a 149 

Stationary  Engineers. 

See  "Examining  Engineers." 

Stationery,  Printing  and  Supplies. 

See  "Librarian"  and  "School  Commissioners,  Board  of." 

Statutes. 

Art  Commission  to  approve,  §202, , 171 


INDEX. 


665 


Steam  Boileks.  page 
Accounts,    inspectors   to    keep   and    report   annually    to    State 

Comptroller,   §583 295 

Alteration  of  steam  gauge,  etc.,  penalty,  §580 295 

Boilers  exempted  from  inspection,  conditions,  §586 290 

Certificate  of  inspection,  contents  of,  §577 293 

Condemnation  of  boiler,  penalty  for  use  after,  §578 294 

Districts,  city  to  be  divided  into  two,  §573 292 

Engineers  and  assistants,  power  of  inspectors  to  examine,  §581 .  295 

Fees  for  inspection,  §582 295 

Fines  and  penalties,  how  recoverable,  §589 296 

Inspection,  details  of,    §577 293 

Inspections  other  than  annual,  §578 294 

Inspectors,  appointment,  oath  of  office,  bond,  §572 291 

Inspectors,  penalty  for  neglect  of  duty,  §587 296 

Installation  of  boiler  without  inspection,  penalty,  §580 294 

Locations  of  boilers,  etc.,  inspectors  to  keep  record  of,  §583 295 

Notice  of  intention  to  inspect,  in  writing,  §576 292 

Notice  to  be  given  that  they  will  receive  reports  of  locations 

of,    §574 292 

Notice  to  owner  of  condition  of  boiler,  §578 294 

Office  and  necessary  testing  apparatus,  inspectors  to  provide, 

§574    292 

Owner  to  furnish  assistance  to  inspector,  penalty,  §576 293 

Owners  to  report  locations  of  boilers,  penalty  for  neglect,  §575 . .  292 

Penalty  for  use  of  boiler  without  certificate  of  inspection,  §576 .  293 
Permit  of  city  for  erection  of  steam  boilers  not  affected  by  this 

law,    §585 296 

Re-examination,  by  whom  to  be  made,  fees  of  re-examiners. 

§579    294 

Re-examination,  right  of  owner  to  demand,  expenses,  how  paid, 

§579    294 

Salaries  of  inspectors,  §584 295 

Surplus  of  moneys  collected  to  be  paid  over  to  State  Treasurer, 

§584    295 

Vacancies,  Governor  to  fill  as  soon  as  possible,  §588 296 

Ste.\ogr.\piiers   of   Courts. 

Assistants,  compensation,  §382 244 

Compensation,     §379 .' 242 

Copy  of  testimony,  how  paid  for,  §380 243 

Judges    of    Supreme    Bench   to    appoint    court    stenographers, 

§379    242 

Orphans'  Court. 

Appointment  of  stenographer,  §381 243 

Attendance,   when  required,   §381 243 

Compensation  of  stenographer,  §381 244 

Signing  of  record  by  witness  may  be  waived,  §381 244 

Qualifications,  duties,  term  of  office,  §380 243 


(566 


INDEX. 


I 


Stev-edores.  page 

See  "Licenses." 

Stick  Wood. 
See  "Wood." 

Stocks,  Loans  and  Finance. 

Baltimore  &  Eastern  Shore  Railroad,  city  may  endorse  bonds 

of,  terms  of  endorsement,  §820 4(j0 

City  stock,  signing  of,    §41 81 

Civic  Centre  and  Parks. 

Compensation  to  Park  Board,  §826d 463 

Interest  and  sinking  fund  provided  for,  §82Gf 464 

Loan  of  $3,000,000  authorized,  §826a 461 

Park  Board,  city  may  delegate  certain  powers  to,  §S26c 463 

Property,  powers  of  acquisition,   §826b 462 

Purposes  for  which  loan  may  be  used,  §S26a 462 

Restrictions,  city  relieved  of  certain,  §S26e 464 

Contagious  Diseases  Hospital. 

Interest  and  sinking  fund  provided  for.  §S26g 464 

Loan  of  $750,000  authorized,  §S26g 464 

Purposes  for  which  proceeds  of  loan  may  be  used,  §826g. . .  464 

Electrical  Commission — Loan  Act  of  1902. 

Loan  of  $1,000,000  authorized,  §826h 4&4 

Purposes  for  which  proceeds  of  loan  may  be  used,  §826h . . .  464 

Electrical  Commission — Loan  Act  of  1908. 

Loan  of  $1,000,000  authorized,  §S26h-l 465 

Purposes  for  which  proceeds  may  be  used,  §S26h-l 465 

Electrical    Commission — Loan   Act    of    1912. 

Loan  of  $2,000,000  authorized.  §S26i 465 

Purposes  for  which  proceeds  of  loan  may  be  used.  §8261 466 

Harbor,  Docks  and  Wharves. 

Board   of  Estimates   authorized   to    rent    puhlif   wharves, 

docks,  etc.,  §826 469 

Board  of  Estimates,  plans  to  be  approved  by,  §826k 468 

Condemnation  of  property,  proceedings,  §826m 469 

Condemnation,  ordinance  not  necessary,  §S26m 470 

Harbor  Board,  powers  of,  §826o 470 

Interest  and  sinking  fund  provided  for,  §826j 467 

Loan  may  be  issued  in  installments,  §826j 466 

Loan  of  $5,000,000  authorized,  §826j 466 

Officials  to  exercise  usual  powers  in  carrying  out  provisions 

of  this  Act,  §826n 470 

Proceeds  of  loan  to  be  known  as  "Harbor  Improvement 

Loan,"    §826j 467 

Purposes  for  which  proceeds  may  be  used,  §826k 467 

.Tones'  Falls  Improvement. 

Commission  on  City  Plan,  powers  may  be  delegated  to, 

§826r ^'1 

Fallsway,  authorized  to  be  opened  and  constructed,  §826p . .  471 


I 


INDEX.  gg'j- 

Stocks,  Loans  and  Finance. — Continued.  page 

Interest  and  sinking  fund  provided  for,  g826t 472 

Loan  of  $1,000,000  authorized,  §S26t 472 

Opening,  etc.,  to  be  autlioi'ized  by  ordinance,  §S20q 471 

Property  acquired  but  not  needed  for  improvement  may  be 

sold,  disposition  of  proceeds,  §S2Gs 472 

List  of  Loan  Acts,  note 400 

Mimicipal  Lighting  Plant. 

Loan  of  $1,350,000,   §820u 473 

I'urposes  for  which  proceeds  of  loan  are  to  be  used,  §820u. .  473 

Payment  of  taxes  on  city  stock,  §6 71 

Police  Station  Houses, 

Loan  of  $1,000,000  authorized.  S.S20v 473 

Purposes  for  which  proceeds  are  to  be  used.  §820v 473 

Schools. 

Loan  of  $1,500,000  authorized,  §82(iw 473 

Purposes  for  which  proceeds  are  tu  be  used.  §s20w 474 

Sinking  Fund  Bonds. 

Conditions  of  issue  of  loan,  §S26y 475 

How  issued,  §826y 476 

Interest  provided  for,   §S26y 476 

Loan  of  $3,000,000  authorized,  §826x 474 

Purposes  for  which  proceeds  are  to  be  used,  §82Gy 476 

Sinking  funds,    §6 8] 

Water  Supply  Improvement. 

Baltimore  County  entitled  to  10,000.000  gallons  of  water 

upon  certain  terms,  §826kk 488 

Baltimore  County,  §35,000  to  be  paid  to.  !i826ff 481 

Baltimore  County  to  be  reimbursed  for  repairs  to  roads 

and  bridges,   §820ii 485 

Condemnation,  laws  under  which  to  be  exercised,  §826bb. .  480 

Condemnation,  powers  of,  §826z 478 

Contracts  to  be  let  under  provisions  of  sees.  14  and  15  of 

charter,   §826cc 481 

Corporations,  public  or  private,  authorized  to  contract  with 

city,  §820aa 479 

Criminal  cases,  costs  and  how  to  be  paid.  §S26ee 481 

Day  labor,  work  may  be  done  by,  §82b*nn 491 

Employees  on  work,  who  may  be,  §82Gnn 491 

Employees,  power  to  appoint  and  require  bond  from,  §826z.  478 

Employees,  rules  as  to  hours  of  labor,  wages,  etc.,  §82Gnn. .  491 

Interest  and  sinking  fund  provided  for,  §82Goo 492 

Loan   of   $5,000,000   authorized,    §S2Goo 492 

One  official   in   charge  of  water  supply,  in  case  of,  two 

associates  to   be   appointed,    §82Gnn 490 

Ordinances,  power  of  city  to  pass,  §82Gmm 490 

Police,  city  to  maintain  din-ing  rours?  of  work,  §826ee.  .  .  .  481 


668  INDEX. 

Stocks,  Loax  and  Finance. — Continued.  page 
Police,  to  be  under  direction  of  Police  Marshal  of  Balti- 
more County,  §S26ee 481 

Powers  conferred  by  this  Act  in  addition  to  powers  already 

possessed,  §S2(jdd 481 

Powers,  extent  of,  and  how  exercisable,  §826un 490 

Powers  granted,   §S2Gz 477 

Public  roads  and  bridges,  inspection  of  at  intervals  of  six 

months,   §826ii 485 

Public  roads  and  bridges  to  be  inspected  before  work  com- 
menced   and    memorandum   of   their   condition   made, 

§S2Gii  484 

Public   roads  and  bridges,   terms  on  which  they  may  be 

altered  or  diverted,  procedure,  §826hh 483 

Public  roads  and  bridges  to  be  repaired  or  replaced,  §826hh.     482 
Reservoir  and  appurtenances  authorized  to  be  constructed, 

§826z 477 

Roads  and  highways,  public  and  private,  map  to  be  tiled 

showing  which  are  to  be  closed,  etc.,  §82611 490 

Stone,  excavated,  may  be  sold  to  Baltimore  County.  §S26gg.     482 
Taxation,  property  acquired  to  be  exempt  from,  §826ff . . . .     482 

Title  acquired,  to  be  fee-simple,  §826z 479 

Turnpike    roads    and    bridges,    diversion,    repair    and    re- 
placement of,  §826jj 4SG 

Stop-Over  on   Tickets. 

See  "Railroads  and  Railways." 

Straw  and  Hay. 

See  "Inspections,  Weights  and  Measures." 

Streets,  Bridges  and  Highways. 

See  "Dedicated  Streets."  , 

See  "Railroads  and  Railways." 

See  "Special  Paving  Tax." 

Annex,  condemnations  of  street  commenced  under  Art.  3  to  be 

completed   thereunder,    §3 3 

Annex  Loan  Act  of  1904. 

Acquisition  of  property,  powers  of,  §841e 508 

Amount  of  stock    issued  in  each  year  limited,  §841a 505 

Commission  authorized  to  be  appointed,  salaries,  §S41b 506 

Commissioners  for  Opening  Streets,  powers  under  this  Act 

may  be  delegated  by  ordinance  to,  §841j 509 

Completed  work  to  be  turned  over  to  proper  city  officials, 

§841i   509 

Contracts,  to  be  subject  to  provisions  of  sees.  14  and  15 

of  Charter,  §841g 508 

Loan  of  $2,000,000  authorized,  §841a 505 

Maps  showing  streets,  etc.,  of  Annex  to  be  prepared,  §841d.     507 
Powers  of  Commission,  §841c 507 


INDEX. 


669 


Streets,  Bridges  axd  Highways. — Continued.  page 

Purposes  for  which  proceeds  of  loan  are  to  be  used,  §S41a. .  HOG 

Sewerage  and  drainage  to  be  provided  for,  §84lh 50!) 

yidewallis  to  be  improved  at  expense  of  property  owners, 

§S41f    .508 

Annex   Loan  Act  of  1910. 

Acquisition  of  property,  powers  of,  §841o .jl  L 

Additional  compensation  allowed  commissioners  and  clerk 

§841k   509 

Alternative  bids,   city   by  ordinance  may  direct   award  of 

contract  to  lowest  bidder.  §841n 511 

Amount  of  loan  issued  in  each  year  limited,  §841q 513 

Clerk  of  Commissioners  to  be   Secretary  of  Commission, 

§S41k   510 

Commissioners  for  Opening  Streets  to  act  as  Annex  Im- 
provement Commission,  §841k 509 

Contracts  subject  to  sees.  14  and  15  of  Charter,  §841n....  511 

Interest  and  sinking  fund  provided  for,  §S41q 514 

Loan  of  $2,500,000  authorized,  §841q 513 

Moneys  collected  to  be  credited  to  "Annex  Improvement 

Fund,"   §841t 515 

Ordinance  No.  151  of  1906  continued  in  force,  §841s 514 

Paving  of  street,  powers  as  to,  §S41m 511 

Powers  of  city  during  progress  of  work,  §S41r. , 514 

Purposes  for  which  proceeds  of  loan  are  to  be  used,  §S41q. .  513 
Records  of  Commission  under  Act  of  1904,  to  have  posses- 
sion  of,   §8411 510 

Secretary,  duties,   §841k 510 

Sewerage  and  drainage  to  be  provided  for,  §S41r 514 

Subordinates,  power  to  appoint  and  fix  compensation,  sub- 
ject to  approval  of  Board  of  Estimates,  §S41k 510 

Annex,  streets  of,  streets  of  city,  §3 2 

Bridges  and  turnpike  roads,   §6 42 

Bridges  in  Annex  to  be  completed  by  city,  §839 503 

Cleaning   and   lighting,    §6 40 

Condemnation,  power  of,  §6 32 

Condemnation  proceedings  may  be  imder  Art.  33A  of  Code  of 

Public  General  Laws,  §829a 495 

Conduits,  Electrical  Commission  and  rental  of  conduits,  §6 41 

Construction,  paving  and  curbing,  duty  of  Highways  Engineer, 

§86    103 

Distributing  poles  and  other  similar  structures,  §G 42 

Eutaw  Place,  north  of  North  avenue,  acceptance  of  deed  of, 

§§836,  837 500 

Footways,  regulation,  etc,  §6 37 

General  powers  as  to,  §6 32 

Grade  changes  resulting  from  B.  &  O.   Southwest  Baltimore 

Grade  Crossing  changes,  damages  to  be  paid,  §S37a 501 

Grade  lines  of  streets,  §6 34 


070 


INDEX. 


Streets,  Bridges  and  Highways. — Continued.  page 

Grading,  etc.,  streets,  §6 36 

Grades  of  streets,  changes  on  certificate  of  Commissioner  of 

Heaitli,    §834 499 

Grades  of  streets.  City  Surveyor  to  establisli,  §833a 499 

Grades  of  streets,  damages  for,  §834 500 

Grades  of  streets,  fees  for  establishing,  §833b 499 

Levy  of  tax  to  pay  unpaid  assessments  for  grading,  etc.,  5>6.  .  .  .  37 

Light  Street  Bridge,  §6 ^2 

Long  Bridge,  city  to  maintain,  §839 503 

Minor  privileges,  prohibited,  §6 54 

New    Boundary    Avenue,    assessment    of    property    in    county, 

fronting  thereon.   §838b 502 

Numbering  houses,  §6 39 

Opening,  Closing,  etc..  Streets. 

Annex,  opening,  etc.,  streets  in,  §840 503 

Closing  of  streets,  what  map  shall  show,  §828 494 

Condemnation  of  property,  §827 493 

Damages,  rejection  by  those  entitled,   §827 493 

Disability,  person  laboring  under  legal,  money  may  be  paid 

into  court  when  laud  condemned,  §827 493 

Interested  parties,  quieting  claims  of,  §827 493 

Maps,  may  be  borrowed  temporarily  from  Commissioners, 

§828    ." 194 

Maps,  to  be  signed  by  Commissioners  and  Clerk  and  filed  in 

their  office,    §828 494 

Notice  before   Commissioners   proceed   with   execution   of 

ordinance,  §829 495 

Opening,  widening,  etc.,  what  maps  shall  show,  §828 494 

Ordinance,  notice  by  advertisement  and  filing  map  with 

Commissioners,  §828 494 

Ordinance,    unsubstantial   amendments   may   be   made    to 

while  on  passage,  §828 495 

Owner,  who  considered,  §830 498 

Release  of  city  from  claims  in,  §827 493 

Streets,   etc.,   after  opening  shall  be  public  highways  of 

city,   §832 498 

Streets  laid  out  in  divisions  of  estates,  how  made  public, 

§831    498 

Paving  Commission. 

Amount  of  stock  to  be  issued  in  each  year  limited,  §841z . .  521 

Appointment  and  qualifications,  §S41u 515 

Appropriations,  how  made,  §841z 521 

Bonds,  may  require  from  employees,  §841t 518 

Chairman   and    secretary    pro  tempore,    appointment    au- 
thorized,  §841z 521 

Chairman,  election  by  Commission,  salary,  §841w 516 


INDEX.  (571 

Streets,  Bridges  a>d  Highways. — Continued.  pagb 
Completed  work  to  be  turned  over  from  time  to  time  to 

proper  city  officials,  §S41cc 523 

Contracts,  to  be  subject  to  provisions  of  sees.  14  and  15 

of  Charter,   §841y 520 

Day  labor,  may  do  work  by,  §S41y 521 

Interest  and  sinking  fund  provided  for,  §841z 522 

Loan  of  $5,000,000  authorized,  §841z 521 

Loan   of  $5,000,000  authorized  by  Act  of  1900,  repealed, 

§841dd  523 

"New  Paving  Fund,"  proceeds  of  loan  and  assessments,  to 

be  credited  to,  §S41z 521 

Obstruction,  etc.,  in  streets  to  be  shifted  and  accommodated 

to  work  of  Commission,  penalty,  §S41x 520 

Paving  assessments,  procedure,  §S41r 517 

Paving,  grading,  re-paving  and  re-grading  of  streets,  §841v .  518 

Powers  of  city  officials  during  progress  of  work,  §841cc 528 

I'owers  of  Commission,  §S41v 510 

Property,  powers  of  acquisition,  §841w 519 

Records,  etc.,  to  be  turned  over  to  City  Librarian  upon 

completion  of  work,  §841cc 523 

Residents,  may  adopt  rules  limiting  employment  to.  §S41y. .  520 

Secretary,  appointment,  salary  and  duties,  §S41u 516 

Street  railway  companies  to  pay  cost  of  paving  in  railway 

area,    §841bb 522 

Vacancies,  how  filled,  §841u 515 

Paving,  etc.,  streets,  special  ordinance,  §6 35 

Plan  of  streets  for  Annex,  §840 503 

Possession    of   property,    conditions    under    which    it   may    be 

taken,    §829c 497 

Private  streets,  etc.,  on  application  of  owners  city  may  pave  at 

their  expense,  §833 499 

Regulating  Use  of  Streets. 

Obstructions  and  encroachments,  §6 38 

Opening  of  street  surface,   §6 39 

Signs,  poles,  wires,  trees,  etc..  §G 39 

Tracks,  poles  and  wires,   §6 40 

Sidewalks  to  be  paved  at  expense  of  property  owners,  §841q. .  512 

Streets  in  Annex  public  highways  of  city,  §3 2 

Turnpike  companies  may  cede  roads  within  city  limits.  §8.35..  500 

York  Road,  cobble  stone  and  macadam  paving  prohibited,  §838a  502 

Stbuctukes  Prohibited. 

Certain  sti-uctures  in  streets,  etc.,  prohibited,   §8 54 

Subways   a.\d   Conduits. 

Distrilniting  poles  may  be  erected  in  connection  with   under 

ground  conduits,    §6 42 

General  powers  as  to,  §6 41 

Power  to  compel  the  use  of  and  regulate  distributing  poles,  §0. .  42 


(372  INDEX. 

Suits.  page 

City  may  sue  and  be  sued,  §1 1 

Superintendent  of  Lamps  and  Lighting. 

Appointment,  duties,  salary,    §204 172 

Subordinates,  appointment  of,  §204 172 

Superintendent  of  Public  Buildings. 

Appointment,  duties,  salary,  §207 173 

Subordinates,  appoi'ntment  of,  §207 173 

Superintendent  of  Public  Instruction. 
See  "Schools." 

Superior  Court. 

See  "Courts — Law  Courts  of  Baltimore  City." 

Supervisors  of  City  Charities. 

See  "Charities — Supervisors  of  City." 

Supreme  Bench  of  Baltimore  City. 

Additional  judges  of,  §326 229 

Apportionment  of  business  of  two  Circuit  Courts,  §325 229 

Sweat  Shops. 

Fire  escapes  to  be  provided,  penalty,    §280 210 

Lighting  of  regulated,  penalty,  §280 210 

Taxes. 

See  "Special  Paving  Tax." 

See  "Appeal  Tax  Court"  and  "City  Collector." 

Abatements  to  encourage  manufactures,   §6 44 

Adjustment  of,  when  assessment  is  increased  or  decreased  by 

City  Court,  §70 149 

Annex,  personal  property  in,  subject  to  levy,  taxation  and  as- 
sessment same  as  property  in  old  city  limits,  §4 3 

Annex  property,  real  and  leasehold,  divided  into  three  classes, 

urban,  suburban  and  rural,  §4 3 

Annual  levy  by  ordinance,  §40 79 

Annual  levy  of  direct  tax,  §6 43 

Appeals,  assessments,  corrections,  §147 134 

Bills,  City  Collector  to  prepare,  §42 81 

Bills,  mailing  of,  to  taxpayers,  §51 86 

Building  permits,  not  to  be  issued  until  taxes  paid,  §280a 210 

Certificate  of  City  Collector  and  Collector  of  State  Taxes  to  be 

prima  facie  evidence  of  taxes,  etc.,  due,  §5SA 90 

City  and  State  Taxes  may  be  sued  for  and  recovered  in  one 

action,   §58B 90 

Collection  by  successive  collectors,  §51 A 87 

Collection  of  taxes,  §6 45 

Decisions  relating  to,  noie 44 

Easements,  etc.,  in  streets,  etc.,  of  Annex,  §4 5 

General  powers  of  city,  §6 43 

Interest  on  taxes  in  arrears.  §40 80 


INDEX. 


673 


Taxes. — Continued.  page 

Limitations,  four  years  from  date  of  le\y,  §843 52S 

Penalty  for  attempting;  to  collect  taxes  barred  by  limitations, 

§843    528 

Penalty  for  delinquincy,  §51 86 

Procedure  before  increasing  assessments,  §150 135 

Railroad  easements,  etc.,  in  Annex,  §4 5 

Reduction  of  as,ses.sment  on  account  of  alienations,  §15(5 140 

Revision  and  correction  of  assessments,   §157 140 

Rural  property  in  Annex  defined,  §4 4 

Rural  tax  rate  in  Annex.  §4 4 

Sales. 

Chattels,  procedure,  §49 86 

Chattels,  i^roceeds  of  sale,  how  applied,  §50 86 

Costs,  purchaser  to  pay.  §44 83 

Notice,  contents  of,  publication,  §43 82 

Procedure  when  set  aside,  §48 85 

Proceedings   may   be   completed   by   successive   collectors, 

§§45a.  45b S3 

Purchase  money,  disposition  of,  §45 83 

Purchase  money,  when  to  be  paid.  §44 83 

Ratification  by  Cii'cuit  Court,  order  nisi  to  be  published, 

§48    85 

Ratification,  procedure,   §48 85 

Redemption  of  property,  §45 83 

Redemption,  reversioner  may  redeem.  §47a 84 

Redemption,  terms  <if.  §47 84 

Re-sale,  application  of  proceeds.  §48 85 

Surplus  from,  disposition  of,  §46 84 

Service  of  bills  for  taxes  in  arrear  on  real  estate,  §43 82 

Shares  of  stock,  collection  of  taxes  on,  §155a 138 

Suburban  property  in  Annex  defined,  §4 4 

Suburban  tax  rate  in  Annex,  §4 4 

Survey  of  property  for  taxes,  §43 82 

Tax  sales,  §6 46 

Taxable  basis.  Appeal  Tax  Court  to  report  to  Board  of  Esti- 
mates,   §171 151 

Taxable  basis.  Board  of  Estimates  to  report  to  City  Council, 

§40    79 

Taxes  levied  and  assessed  in  Annex,  prior  to  levy  and  assess- 
ment for  1909,  sul)ject  to  Act  1902.  eh.  130.  §4 5 

Urban  property  in  Annex  defined,   §4 3 

When  in  arrears  on  all  forms  of  property,  §40 80 

Taxing  Poweb. 

Decisions,  note 184 

Teachers. 

See  "Schools." 

(22) 


074 


INDEX. 


rn 


Tele(;rapii,  page 

Line  to  House  of  Correction,  city  to  maintain,  §782 423 

Telegraph,  Telephone  and  Electric  Light  Poles. 
See  "Poles  and  Wires." 

Temporary  Loans. 

City  not  to  autliorize,  §36 74 

Tenants  for  Year  or  Less  or  at  Will. 
See  "Landlord  and  Tenant." 

Tenement  and  Lodging  Houses. 

Authority  of  city  to  regulate.  §507 270 

Basement  or  cellar  defined.  §50S 270 

Lodging:  house   delined.    §508 270 

Regulation  of  construction,  use  and  management,  §6 15 

Tenement  house  defined,  §508 270 

Test  Books. 

City  officials  to  sign,  §25 64 

Thp:atrical  and  Other  Pltblic  Amusements. 

Power  to  license,  regulate  and  restrain,  §0 46 

Thieves  and  I'ickpockets. 

Arrest  of.  at  depots,  etc.,  §783 423 

Arrest  of  on  premises  of  railroads  and  on  ferry  boats,  §784.  . . .     424 
Bail  or  commitment  of.   §§783.   784 423.  424 

Topographical  Survey. 

Composition  of.  §840 503 

Toporgaphical  Survey'  Commission. 

Member  of  Department  of  Public  Improvements,   §84 101 

Transfers. 

See  "Railroads  and  Railways." 

Trees. 

Planting,  trimming  (ir  destroying  of.  may  be  regulated,  §(J 39 

Trust  Funds. 

City  may  receive.  §2 2 

Turnpikes.. 

Annexation  act.   effect  of.    §5 5 

City  may  purchase  or  condemn  those  in  Annex,  §5 5 

Companies  may  cede  to  city  iioi-tion  of  roads  within  city.  §835. .  500 

Ultra  Vires  Acts. 

Decisions,  note 184 

Vagrants  and  Disorderly  Persons. 

Acquittal,  costs  to  be  paid  b.v  informer,  §880 536 

Arrests  of,  police  may  make  on  request  or  otherwise,  §867 534 

Charges  to  be  heard  before  Criminal  Court  or  Justice  of  the 

Peace.  §865 533 

Children,  arrest  and  commitment  of.  §883 537 


f 


INDEX. 


G75 


Vagraxts  AM)  DisoRDicRLY  PERSONS. — Continued.  page 

Cliildreu,  detinition  of  "vugi-ant  ehildivn,"  §SS3 537 

Definition  of  terms,  §SG6 533 

Fees  for  issuing  and  serving  warrants,  etc.,  §880 53G 

Institutions  may  make  rules  and  regulations  governing,  §873..  5.">5 

Jury  trial,  if  demanded.  §878 5:5(5 

Jury  trials  in  Criminal  Court,  §870 536 

Maryland  House  of  Correction  or  other  suitable  place,  ni.ny  he 

committed  to,   §808 534 

Minors,   commitment,    §874 535 

Minors,  may  he  apprenticed,   §875 535 

Minor.s,   Orphans'  Court  to  have  concurrent   jurisdiction   with 

Criminal  Court  and  justices,  §877 536 

Minors,  who  are,  §876 53(5 

Persons  committed  must  serve  term.  §870 535 

Place  of  commitment  left  to  discretion  of  Justice,  etc..  §869.  .  .  .  534 

Police  magistrates  to  try.  §(>:^2 317 

Term  of  commitment,  §872 r^55 

Vegetable  and  Agricultural  Products. 

Broadway  or  County  wharf,  landing  at,  §431 252 

Vehicles. 

Power  to  license  and  regulate,  §6 7 

Vested  Rights. 

Charter   not   to   affect,   sec.  2 543 

Veteran  Volunteer  Firemen's  Association. 

Appropriation  for.   §448 258 

Veto  by  Mayor. 

Appro])riations  by  ordinances  and  resolutions,  §23 62 

Ordinances   and   resolutions,    §23 62 

Visitors  of  the  Jail. 

See  "Jail." 
Void  Ordinances. 

For  opening,  etc..  s^.-eets,  effect  of,  §180 162 

Volunteer  Militia. 

Exempt  from  petit  jury  duty.  §622 311 

Wages  of  City  Employees. 

When  to  he  paid,  §35 71 

Wagons,  Carts,   Drays,   Etc. 
See  "Vehicles"  and  "Wood." 

Waitresses. 

Employment  in  i)laces  of  iiuhllc  aninsenient    as  barmaids  pro- 

hil)ited,    §000 541 

Penalty  for  employing  barmaids,   §!)()1 541 

Wards. 

See  "Legislative  Districts." 


076  INDEX. 

Washington  Monument.  page 

See  "Parks  and  Squares." 

Water. 

Acquisition  of  land  and  water  courses,  §(J 46 

Acquisition  of  property  and  materials  by  agreement,  §6 47 

Acquisition  of  property  and  materials  by  condemnation,  §6. . . .  47 

Acquisition  of  riglits  of  water  companies  in  Annex,  §6 51 

Condemnation. 

Compensation  of  jurors  and  sheriff,  §6 50 

Duty  of  court,   §6 49 

Duty  of  jury,  §6 48 

Inquisition,    §6 49 

Oath  of  jury,  §6 48 

Property  condemned,  §6 49 

Selection  of  jury,   §6 48 

Selection  of  jury,  §6 .» 50 

Fines  and  forfeitures  under  sees.  902-904,  liow  recoverable,  §905.  543 

General  Powers,  §0 46 

Injurying,   destroying,   etc.,   water   works   and   appurtenances, 

§904 542 

Privies,  liog  pens,  etc.,  erection  on'  or  near  lakes,  dams,  reser- 
voirs, etc.,  penalty,  §903 542 

Rates,  lien  of,  §6 50 

Rates,  power  to  fix,  §6 50 

Rjates,  Water  P.oard  to  fix  or  abate,  §S7A 105 

Sale  of  Water,  §6 47 

Violations  of  sees.  902-904,  fining  not  to  exempt  guilty  party 

from  action  for  damages,  §906 543 

Water  Board. 

Appointment  and  qualifications,   §87 104 

Department  of   Public  Improvements,   Board  member  of, 

§8  i    101 

Subordinates,  appointment  of,  §87 105 

AYater  Engineer  to  be  President  of,  §87 105 

Water  bonds,    §6 51 

Water  Engineer,  appointment,  qualifications  and  salary,  §87.  ..  105 

Water  stock,   §6 50 

Water  supply,  pollution  of.  penalty,  §002 542 

Water  system  in  Annex  and  suburbs,  §6 51 

Water  Rents. 

Collected  by  Collector  of  Water  Rents  and  Licenses,  §59 91 

Power  to  charge,  lien  of,   §6 50 

Water  Supply  Improvement. 

See  "Stocks,  Loans  and  Finance." 

Weights  and  Measures. 

See  "Inspections,  Weiglits  and  Measures." 

Welfare  and  Other  Powers. 

Power  of  city  in  relation  to,  §6 52 


INDEX. 


677 


Whakves.  page 
See  "Harbor,  Docks  and  Wharves." 

Wires. 

Underground,  to  be  placed,   §G 40 

Use  of  streets  by,  §6 39 

Wood. 

See  "Inspections,  Weights  and  Measures." 

Arbitration  of  disputes  and  measurement  of,  §599 299 

Carts  to  be  inspected,  penalty,  §598 299 

Certificate  of  measurer  of  wood  carts,  §590 297 

Cord  wood,  measurement  of  a  cord,  §591 297 

Measurer  of  wood  carts,  compensation  of,  §590 297 

Measurer  of  wood  carts,  duties,  certificates  of  measurement, 

§590    297 

Oath  of  measurer,  §593 29S 

Office,  measurer  to  have,  §594 298 

Penalty  for  sale  of  from  cart  not  stamped,  §598 299 

Sawed  and  split  wood,  measurement  of,  §594 298 

Short  measure,  penalty  for,  §592 297 

Stick  wood,  sold  at  retail,  measurement,  §595 298 

Unlawful  sales  by  dealers,  penalty,  §596 298 

Wood  carts,  capacity  to  be  indicated  by  marking,  §594 298 

Wkits, 

Arrest,  returnable  before  station-house  justices,  §641 825 

Renewable  until  executed,  §305 218 

When   returnable,    §304 218 

Where  returnable  when  issued  by  Justices  of  the  Peace,  §627. .  315 

York   Road. 

Cobble  stone  and  macadam  paving  on,  prohibited,  §838a 502 

Zoological  Collection. 

See  "Parks  and  Squares." 


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